Introduction
This page states the terms and conditions (“Terms”) under which you may use www.applicationprep.com (the “Website” or “Site”). Please read this page carefully. If you do not accept the Terms, do not use the Website. By using the Website, you are indicating your agreement to be bound by the Terms. Application Prep may revise the Terms at any time by posting an update to this page. You should visit this page periodically because your continued use of the Site after we post changes to the Terms means you accepted the changes. The terms “you” and “user” refer to all individuals and/or entities accessing the Website for any reason.
Use of Material
The contents of the Website, including, but not limited to, text, graphics, sounds, images, and other material (“Material”), are owned by Application Prep and its third- party service providers (“Service Providers”) and are protected by the United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
Application Prep authorizes you to view and download a single copy of the Material on the Website solely for your own use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other Website or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other codes that Application Prep uses to generate its pages. This code is also protected by Application Prep’s copyright and other intellectual property rights.
Site Use
General Use: You may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security of the Website or use the Site to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Application Prep packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Application Prep may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses: Without limitation, Application Prep specifically prohibits any use of the Website, and you may not use the Website, for any of the following:
distributing or otherwise publishing, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
soliciting other users of the site to join or become members of any online or other service; or
deleting or revising any material posted by any other person or entity.
Option to Remove: Any chat or bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.
Trademarks
The following are trademarks or service marks of Application Prep:
Application Prep
The Application Prep Logo
This list is not a comprehensive list of all Application Prep’s trademarks. The absence of a trademark, product or service name or logo from this list does not constitute a waiver of our trademark or other intellectual property rights concerning that name or logo.
All other products, services, and company names mentioned in the Website may be trademarks or service marks of their respective owners.
Linking to the Website
If you would like to link to the Website, you must comply with the following. A website that links to the Website:
may link only to the home page of the Website (www.applicationprep.com)
should not frame or create a browser or border environment around the Website;
should not imply that Application Prep is endorsing your website or your products or services;
should not misrepresent your relationship with Application Prep;
should not present false information about products or services on the Site;
should not use our trademarks or logos without prior permission from us; and
should not contain content that we might consider distasteful or offensive.
Information
Please see Application Prep’s Privacy Policy for details regarding our use of information collected from users of the Website.
Submissions
Except as otherwise provided in the Privacy Policy, by submitting content to the Website, including message boards, contests and chat rooms, you grant us and our affiliates the royalty free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights has validly and irrevocably granted you the right to grant the license to us stated above. You also permit any user of the Website to access, store, use, display, and copy such content for personal use.
Application Prep’s Liability
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Site at any time without notice.
You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any material you place on the Website.
The website and the material area provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, we specifically disclaim any warranty (a) that the Website will operate uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, and (e) regarding correctness, accuracy, or reliability.
To the fullest extent permitted by law, Application Prep disclaims any warranties for services or goods provided or advertised on the website or received through any links provided on the Website, as well as for any information or advice provided on the website or received through any links provided on the Website.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability and Remedies
Neither we nor our service providers shall be liable for (I) any indirect, special, incidental, consequential, or punitive damages arising out of the use of or inability to use the Website or any information provided on or through the Website, or any other hyperlinked website, including without limitation, any lost profits, business interruption, loss of programs or other data, even if we have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Website, the materials or any hyperlinked website.
Such limitation shall also apply with respect to damages incurred by reason or services or goods received through or advertised on the Website or received through any links provided on the Website, as well as by reason of any information or advice received through or advertised on the Website or received through any links provided on the Website.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third -party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Application Prep cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Application Prep because these sites are owned and operated by independent retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Application Prep does not make any representations or warranties as to the security of any information (including, without limitation, credit card, and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
Termination
Application Prep reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Website and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms.
Indemnity
You shall indemnify and hold harmless Application Prep, Service Providers, and their respective officers, directors, employees and agents, from and against any claims or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms, including (without limitation) any claim of infringement.
General
Application Prep makes no claims that the Material may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of law principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state or federal courts within the State of Delaware, and you consent to the exclusive personal jurisdiction of such courts if there is a dispute between you and us. You may not institute any action in any form arising out of the use of the Website, the Materials or the Terms more than eighteen (18) months after the cause of action has arisen. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in the Application Prep Membership Agreement, or in another statement by Application Prep on the Website, the Terms constitute the entire agreement between you and us with respect to the use of the Website. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.
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