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Terms of Service

Terms of Service

ApplyWizard.com

Terms of Use

 

ANY PERSON OR ENTITY ("Member") ACCESSING THE APPLYWIZARD.COM WEBSITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS APPLYWIZARD.COM WEBSITE TERMS OF USE ("Agreement"):

This Agreement is a legal agreement between the Member and Apply Wizard, Inc. (“Apply Wizard”) for ApplyWizard.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.

 1.      PAYMENT

You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that ApplyWizard may change its minimum pricing at any time. Member must supply ApplyWizard with correct credit card information, and any changes in credit card validity or expiration date must be updated. ApplyWizard will automatically renew and charge Member's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless ApplyWizard notifies Member otherwise in advance. If the credit card cannot be processed for any reason, ApplyWizard reserves the right to cancel the Service.

 2. MEMBER ACCOUNT, PASSWORD AND SECURITY

 

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ApplyWizard of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ApplyWizard cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ApplyWizard, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ApplyWizard does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ApplyWizard be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Member agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the ApplyWizard.com website in any manner. If Member in any way Interferes with the ApplyWizard.com website, Member agrees to pay all damages incurred by ApplyWizard, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by ApplyWizard.

Member's Interference with the ApplyWizard.com website relieves ApplyWizard of any of its contractual or other legal obligations to Member, including ApplyWizard’s obligations under its Privacy Policy. ApplyWizard will cooperate with the authorities in prosecuting any Member who Interferes with the ApplyWizard.com website, attempts to defraud ApplyWizard, or attempts to defraud credit card companies or any other parties through Member's use of the ApplyWizard.com website or services.

You agree to not use the Service to:

* upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

* harm minors in any way;

* impersonate any person or entity, including, but not limited to, an Apply Wizard or ApplyWizard.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

* upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;


* upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

* interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

* intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

Violation of any of the items in this Section relieves ApplyWizard of any of its contractual or other legal obligations to Member, including ApplyWizard's obligations under its Privacy Policy. ApplyWizard reserves the right to refuse any or all service to any Member for any reason, at any time, at ApplyWizard's sole discretion. Member agrees that ApplyWizard may block its IP address or addresses at any time, and at ApplyWizard's sole discretion, thereby disallowing Member's continued use of the ApplyWizard.com website.

4. COMPLIANCE WITH AGREEMENT AND LAWS

You shall use the ApplyWizard.com website only in compliance with this Terms of Use, the FTC's CAN-SPAM Law, and all other applicable U.S., state, local, and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws).

You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.

Although Apply Wizard has no obligation to review the content provided by you or your use of the ApplyWizard.com website, Apply Wizard may do so and may block any email messages and or terminate any use of the ApplyWizard.com website that Apply Wizard believes may be (or is alleged to be) in violation of the foregoing.

You also agree not to upload Apply Wizard links to message boards or newsgroups without express permission.

5. ANTI-SPAM

Email and Prohibited Content

Email messages sent in connection with the ApplyWizard.com website must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the ApplyWizard.com website your email messages do not generate a number of spam complaints in excess of industry standards. If Apply Wizard determines that your level of spam complaints is higher than industry standards, Apply Wizard, at its sole discretion, has the right to terminate your use of the ApplyWizard.com website.

Permission Lists Only

Apply Wizard has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender.

You can only use Apply Wizard to send emails to lists of people that gave you permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into Apply Wizard.

* We prohibit the use of third-party, purchased, rented, or harvested mailing lists. Apply Wizard will terminate accounts violating the foregoing.

* You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.

* You agree that you shall not utilize the ApplyWizard.com website to send any commercial electronic mail messages (as defined in the Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. The CAN-SPAM Act outlines requirements for sending out commercial emails. These rules govern the Internet by United States law. A brief description of the CAN-SPAM Act follows:

A.      Bans false or misleading header information. Requires valid "reply" and "from" addresses. These must be accurate and identify the person who initiated the email.


B.      Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

C.      Requires the email to provide recipients with a valid opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.

Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty days after you send your commercial email. When you receive an opt-out request, the law gives you ten business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.


D.      Include physical mailing address. You message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

Reporting Spam

If you suspect that ApplyWizard.com has been used to send spam, please contact us immediately at abuse@ApplyWizard.com and we will investigate accordingly.


6. MODIFICATIONS TO SERVICE

ApplyWizard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ApplyWizard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that ApplyWizard has no responsibility or liability for the deletion or failure to store any Apply Wizard data or other Content maintained or transmitted by the Service. You acknowledge that ApplyWizard reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that ApplyWizard reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. COPYRIGHTS

The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.

All title and copyrights in and to the Software are owned by Apply Wizard, Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

8. LINKS TO THIRD PARTIES

ApplyWizard makes no claims or representations about any Website not under Apply Wizard’s control that a Member may access from the ApplyWizard.com website -- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by ApplyWizard or otherwise on the ApplyWizard.com website does not constitute ApplyWizard’s endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

9. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLYWIZARD.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE APPLYWIZARD.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. APPLY WIZARD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN APPLYWIZARD.COM SITES/SERVICES AT ANY TIME.

APPLY WIZARD, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE APPLYWIZARD.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APPLY WIZARD, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT APPLY WIZARD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN APPLYWIZARD.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT APPLY WIZARD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT APPLY WIZARD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN APPLYWIZARD.COM SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL APPLY WIZARD, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLYWIZARD.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE APPLYWIZARD.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLYWIZARD.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLYWIZARD.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APPLY WIZARD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLYWIZARD.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLYWIZARD.COM SITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Apply Wizard, Inc.

 



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