Effective Date: November 1, 2023
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
1. Agreement.
Welcome to Next Admit. Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications (the "Services").
These Terms of Use (the "Terms") together with our Privacy Policy form a binding contract ("Agreement") between you and Next Admit, LLC ("Next Admit," "we," "our," and "us"). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all terms and conditions of the Agreement which will remain in effect while you use the Services.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU AND NEXT ADMIT HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 20 BELOW.
2. Modification.
Next Admit reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
3. Privacy Policy.
Our Privacy Policy here discusses how we collect, process, and disclose personal information through your use of our Services. Please read that policy carefully.
4. Eligibility.
Our Services are intended for the use of adults over 18 years older and children over the age of 13. If you are aged 13 years or younger, you may not download or use our Services or access or provide any User Content. If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.
5. Acceptable Use.
Next Admit hereby grants you permission to use the Services and, if you are a registered user, permission to access and use those aspects of the Services that are offered to registered users, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
6. User Accounts.
You must sign up for an account using your own email address on this website in order to use certain of the website functions. If you just want to browse the website, registration is optional. You can select any username you like for your account, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name.
If you are a parent or legal guardian, you may link or have your account linked to your child’s account.
If you would like us to terminate your account, please contact us at support@nextadmit.com. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. Please note that any information you have submitted to publicly accessible areas of the Services may not be removeable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Next Admit.
You may not transfer your account to anyone else without our prior written permission, which we may grant or deny in our sole and absolute discretion. You agree you shall not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account and any losses or damages that may be incurred.
You may also be allowed to create a Next Admit account by logging into your account with certain third- party platforms ("Third Party Information Providers" including, but not limited to, Facebook). You may link your Next Admit account with a Third Party Information Provider by either: (i) providing your Third Party Information Provider account login information to us through the Services; or (ii) allowing us to access your Third Party Information Provider. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD PARTY INFORMATION PROVIDERS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY INFORMATION PROVIDERS, AND THOSE AGREEMENTS WILL DETERMINE WHAT INFORMATION WE WILL BE ABLE TO ACCESS AND USE THROUGH THOSE THIRD PARTY INFORMATION PROVIDERS. Your Next Admit account will be created for your use of the Services based on the personal information you provide us or that we obtain via a Third Party Information Provider.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, computer, or other device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your password or your account, or any other breach of security of which you become aware.
By setting up your account and using our services, you expressly agree that you will receive communications from us, including email messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by us in any such communication or notifying us by email that you no longer wish to receive messages from us.
7. Content.
Next Admit Content. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing except User Content, the "Next Admit Content"), are protected by copyright and/or other intellectual property laws./or other intellectual property laws.
Further, you acknowledge that as between you and Next Admit, the Services and Next Admit Content, including all associated intellectual property rights, are the exclusive property of Next Admit.
Conditioned upon your compliance with the Agreement, Next Admit grants you a limited, non-exclusive, non-transferable sublicense, to (i) access, view, and use the Services solely for the limited purpose of your personal use of our Services and (ii) access and view any Next Admit Content to which you are permitted access. You agree you have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Next Admit or its licensors, except for the licenses and rights expressly granted in this Agreement.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including but not limited to your essays, college applications, Feedback and blog post comments ("User Content"). By submitting any User Content on or through the Services, you grant to Next Admit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the Services, however otherwise agree that we will not submit your User Content to public data bases or otherwise make it available on the internet except in a de-identified and aggregated format. To the extent that your User Content includes personally identifiable information, we will only disclose such information in the limited circumstances identified in our Privacy Policy. In addition, to the extent that Next Admit de-identifies and aggregates any User Content, you agree that such derived data is no longer User Content, and is thus owned by Next Admit.
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to Next Admit the license above. You represent and warrant that User Content is accurate. Next Admit takes no responsibility and assumes no liability for any User Content provided by you or any third party.
8. Payment.
Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem Next Admit (or our third-party payment processor) encounters in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and Next Admit reserves the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
Returns and Refunds. All Services are final, and no refunds will be given after purchase, except in the event that an application review or essay review is returned after the specified deadline. In that case, 20% the cost of the application review or essay review will be refunded, and you agree we shall not be liable for any loss, claims, or damages, even if you have notified us in advance of such possibility.
Circumventing Us to Avoid Paying Fees. You agree that in the event you circumvent these Terms after being introduced to one of our staff, that you will be liable for 100% of the amount of the fee that would otherwise have been paid to Next Admit, as well as our reasonable attorney’s fees and costs.
9. Feedback.
Next Admit welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You agree that Next Admit has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
10. Notices of Copyright Infringement.
Next Admit respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Next Admit will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.://www.copyright.gov/legislation/dmca.pdf, Next Admit will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the "Notice"):
You may deliver this notice, with all items completed, to us, as follows: legal@nextadmit.com
Upon receipt of the Notice as described above, Next Admit will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
11. Termination.
Next Admit may immediately and without notice terminate your account and disable your access to the Services if Next Admit determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Next Admit believes, in good faith, that such action is needed to protect the safety or property of other users, Next Admit, or third parties. You agree that Next Admit is not required to provide you with the reasons for terminating your account and disabling your access to our Services.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
12. Third Party Content.
By using the Services, Next Admit may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. For example, our third-party payment processor. You hereby acknowledge that Next Admit does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Next Admit does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Next Admit disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Next Admit with respect to the content or operation of any such third-party websites and services.
13. Disclaimer of Warranties.
Although we use our best efforts to provide the services, we make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Services made available to you, and you agree to hold us harmless from any claims or loss you may suffer as a result of your use of the Services. You agree that any reliance you place on the Services made available by us is solely at your own risk and you hereby agree to hold us harmless and indemnify us from any such loss or claims resulting from your use of the Information or Services made available by us or others on or through our website or the Services we provide.
YOU HEREBY ACKNOWLEDGE THAT NEXT ADMIT DOES NOT MAKE ANY WARRANTY OF ANY KIND (EXPRESSED OR IMPLIED) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES. IN PARTICULAR, NEXT ADMIT DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN ACCEPTANCE, REJECTION, WAITLISTING, DEFERRAL, OR ANY OTHER DECISION FOR ADMITTANCE TO ANY UNIVERSITY, COLLEGE, TWO-YEAR COLLEGE, OR ANY OTHER ACADEMIC INSTITUTION, OR THAT USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR RESULT, FINANCIAL OR OTHERWISE. YOU AGREE THAT YOUR RESULTS ARE STRICTLY YOUR OWN AND NEXT ADMIT IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR YOUR RESULTS.
YOU ADDITIONALLY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND NEXT ADMIT CONTENT ARE PROVIDED "AS IS" AND NEXT ADMIT, LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. NEXT ADMIT, LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN NEXT ADMIT AND YOU.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
14. Limitation of Liability.
YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US AGAINST ANY CLAIMS RELATED TO THE SERVICES, PAYMENT PROBLEMS, CANCELLATIONS, RELATED TO THE SERVICES OR ANY AND ALL ACTIVITIES OF ANOTHER USER, IT BEING UNDERSTOOD THAT WE DO NOT GUARANTEE ANYTHING, AND WE CONDUCT NO DUE DILIGENCE ON CUSTOMERS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL NEXT ADMIT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Advertising; Promotions; and Affiliate Programs.
We have not and will not conduct any due diligence or background checks on users. By using our Services, you agree to conduct your own due diligence and research regarding third party products or services offered through our website or as part of a promotion or marketing program, and you agree to hold us harmless from any loss caused by your purchase or sale of any third party products, or services.
Additionally, we may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services through us, so we have a conflict of interest and/or interest in the information we provide or the third party products or services we make available to you, which therefore may be biased as a result, but we will use reasonable best efforts to verify and confirm such advertisers.
Advertiser Disclosure - Affiliate and Referral Programs. From time to time, we may enter into various affiliate and referral programs with others for which we receive compensation, so we have a conflict of interest and/or interest in the information we provide or make available to you, which therefore may be biased as a result.
16. Notices.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Next Admit (a) via email (in each case to the address that you provide) or (b) by posting to the website.
17. No Waiver.
The failure of Next Admit to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
18. Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without Next Admit‘s prior written consent, which may be granted or denied in Next Admit’s sole and absolute discretion. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Next Admit may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
19. Severability.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
20. Governing Law with Arbitration.
These Terms and our Privacy Policy are governed by and will be construed under the laws of the State of Connecticut, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms and our Privacy Policy shall be finally settled in New Haven County, Connecticut, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New Haven County, Connecticut for the enforcement of any such award rendered in arbitration. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and Next Admit regarding your use of the Services, and supersedes all prior written or oral agreements.
22. Contact Us
If you have any questions about the Services, please do not hesitate to contact us at legal@nextadmit.com.