Effective Date: October 18, 2020
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.
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”).
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU 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 19 BELOW.
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.
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 you 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, and select a password and user name (“User ID”) on this Site in order to use certain of the Site functions. If you just want to browse the Site, 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 email@example.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. You will 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.
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.
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.
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 these Terms, Next Admit grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any service Next Admit Content to which you are permitted access. 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 these Terms.
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.
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 not returned within the specified timeframe. In that case, the cost of the application review or essay review will be refunded. Please see our Refund Policy for additional information.
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.
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: [[P.O. Box Address]]
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.
Next Admit may immediately and without notice terminate these Terms 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.
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.
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.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
14. Limitation of Liability.
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, (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, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
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.
16. 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without Next Admit‘s prior written consent. 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.
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.
19. Governing law with Arbitration.
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, 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 these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. Any arbitration under these Terms 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.
20. Entire Agreement
These Terms constitute the entire agreement between you and Next Admit regarding your use of the Services, and supersede all prior written or oral agreements.
21. Contact Us
If you have any questions about the Services, please do not hesitate to contact us at firstname.lastname@example.org.