Terms of Use
1. Acceptance of Terms of Use
These Terms of Use govern your use of the Admit Advisor website and Admit Advisor Consulting Services. By using the Admit Advisor website (the “Site”), you agree to be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” “Client” or “User” refer to each customer or Site visitor, “we”, us” and “our” refer to Admit Advisor, and “Services” refers to all services provided by us. “Consultant” refers to consultants employed by Admit Advisor.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable, please do not use this Site. We may revise these Terms of Use at any time without notice to you. The most current “Terms of Use” can be found by clicking on the “Terms of Use” link at the bottom of the page at Admitadvisor.com.
Please also refer to Admit Advisor’s Consulting Services Agreement and Privacy Policy, each of which is incorporated herein by reference.
2. Privacy Policy
Admit Advisor respects your privacy and permits you to control the treatment of your personal information. A complete statement of Admit Advisor’s current Privacy Policy can be found by clicking here. Admit Advisor’s Privacy Policy is expressly incorporated into this Agreement by reference.
In connection with the use of certain Admit Advisor’s services, we may ask you to submit personal information in a questionnaire, application, form or similar document or service. The information requested will be protected pursuant to our Privacy Policy.
3. Right to Modify or Terminate Services; Right to Modify this Agreement
Admit Advisor reserves the right to modify or discontinue its services, refuse service to anyone, to cancel user access, to delete content or material from its web page, to delete any content or material from its servers, or to change our pricing or policies at any time without notification to the user. The User agrees that Admit Advisor shall not be liable to User or any third-party for any modification of content or discontinuance of its services.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.admitadvisor.com.
4. Third Party Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that are linked to or otherwise interact with the Admit Advisor service. These Applications may import data related to your Admit Advisor account and activity and otherwise gather data from you. Admit Advisor is not responsible for and does not endorse the content of such Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Admit Advisor account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Admit Advisor account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Admit Advisor has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Admit Advisor harmless for the sharing of information relating to your Admit Advisor account that results from your use of an Application. In addition, the Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your Admit Advisor account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application.
You acknowledge and agree that Admit Advisor is not responsible or liable for, and does not otherwise warrant, the actions of these third party applications (including, without limitation, websites, widgets, software, or other software utilities), the products or contents on their websites, or the performance of any Applications and devices.
ADMIT ADVISOR DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS, INCLUDING THIRD PARTY WEBSITES.
5. Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Admit Advisor service, Admit Advisor may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Admit Advisor service.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Admit Advisor-ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Admit Advisor reserves the right to place any account on hold at anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
6. NO REPRESENTATIONS OR WARRANTIES
ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” AND ON AN “AS AVAILABLE” BASIS. ADMIT ADVISOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
7. LIMITATION OF LIABILITY
In no event will Admit Advisor, or any of its managers, members, officers, employees, agents, or representatives be held liable for any damages of any kind, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ADMIT ADVISOR’S CONSULTING SERVICES, THE WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ADMIT ADVISOR SERVICE AND WEBSITE. In no event will Admit Advisor, or any of its managers, members, officers, employees, agents, or representatives be held liable for damages of any kind including without limitation the following: compensatory, direct, indirect, or consequential damages, loss of employment, loss of business, business interruption, loss of income or data, loss of or damage to property, and claims of customers or third parties arising from any customer’s rejection from any graduate or professional program or employment opportunity of any kind.
Admit Advisor does not guarantee acceptance into any particular school or into the Client’s selected schools. If Client is rejected by a graduate school or professional program, the Client has no legal recourse against the Consultant or Admit Advisor or any of its managers, members, officers, employees, agents, or representatives even if the Consultant or Admit Advisor was advised of the possibility of such damages
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE ADMIT ADVISOR SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF EITHER 1) THE LAST TWO HOURS OF PAID CONSULTING SERVICES, OR, IN THE EVENT THAT THE CUSTOMER HAS CONTRACTED FOR PACKAGE OF SERVICES THAT HAVE BEEN PAID FOR AND NOT YET DELIVERED, 2) THE PRORATED EQUIVALENT OF 2 HOURS OF PAID CONSULTING SERVICES ASSOCIATED WITH THAT PACKAGE, OR 3) $500, WHICHEVER IS SMALLER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The above Limitation of Liability shall not apply if you have entered into a separate agreement with a separate Limitation of Liability provision that supersedes this section in relation to the Consulting Services Agreement.
8. Indemnification
You agree to defend, indemnify and hold harmless Admit Advisor, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Content and Copyright
All materials published on Admitadvisor.com are protected by copyright, and owned or controlled by Admit Advisor, LLC. or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part, except that you may download or copy the content and other downloadable items displayed on the Service for personal use or to promote Admit Advisor on your blog or personal web pages such as Facebook or Twitter, provided that you credit the Admit Advisor or the appropriate third party – in the case of third party content – as the provider of the content, and you provide a visible link to the Admit Advisor website on the same web page.
User may not resell services or materials provided by Admit Advisor or create derivative works without the express written approval of Admit Advisor.
11. Compliance with Export Restrictions
You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations.
12. Unsolicited Materials
Please note Admit Advisor does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Admit Advisor. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Admit Advisor and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the idea you sent.
13. Communications
By providing Admit Advisor with your phone number, physical address, or email address, you consent to receiving communications from Admit Advisor. These communications may include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You acknowledge and accept that if you submit your telephone number to Admit Advisor via the Admit Advisor site, this will constitute an inquiry, and Admit Advisor may contact you at the number submitted for purposes of responding to your inquiry even if such number appears on any state or federal do not call lists.
14. Notices and Service of Process
Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by email (upon customary confirmation of receipt), or forty-eight (48) hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such party’s address or email as set forth on the signature page or as subsequently modified by written notice. Notice may be served to Admit Advisor at the following address:
Admit Advisor – Legal
165 West 66th Street, Suite 15J
New York, NY 10023
e-mail: legal@admitadvisor.com
15. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By using the Admit Advisor website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
16. Consulting Services Agreement
Some Admit Advisor Services may be subject to a Consulting Services Agreement, and your use of such Services will be conditioned on your agreement to the Consulting Services Agreement. If there is any conflict between these Terms of Use and the Consulting Services Agreement, the Consulting Services Agreement will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
17. Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
15. Language
Where Admit Advisor has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Admit Advisor.
16. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Admit Advisor services, third-party content or third party software.
17. No Informal Waivers, Agreements or Representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Admit Advisor Affiliate shall be deemed legally binding on any Admit Advisor Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Admit Advisor.
18. Assignment and Delegation
We may assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.
19. Acknowledgement
BY USING ADMIT ADVISOR’S SERVICES OR ACCESSING THE ADMIT ADVISOR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
