Current version updated and published: June 4, 2018
Acceptance by Client of an AdmissionPros contract issued by ADMISSIONPROS, LLC (“ADMISSIONPROS”), to which these terms and conditions are attached or by reference made a part of, shall constitute an agreement between Client and
Scope of Service
Client represents and warrants to ADMISSIONPROS that: (1) it owns, or has acquired the express written authority to use all of the content Client gives to ADMISSIONPROS, (“Client Content”); (2) Client Content does not contain any obscene, threatening, harassing, vulgar, defamatory, libelous, infringing or unlawful content; (3) Client Content does not infringe upon nor violate the rights of any third party, including copyrights and trademarks; (4) there are no claims against Client regarding Client Content; and (5) Client will at all times ensure that it is in compliance with the terms and conditions of any licensing contracts between Client and a third party.
Client’s Ownership and ADMISSIONPROS’s Ownership
Once payment is received,
Access to Site and Information
The client will provide for the right of entry and access to all relevant sites, equipment
Client’s failure to pay on time constitutes a material breach of contract by Client permitting
Notice and Notice of Cancellation:
Except as expressly set forth herein, AdmissionPros’s services are provided “as is.” AdmissionPros expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and any warranties arising out of course of dealing, usage, or trade. AdmissionPros does not warrant that the services will meet client’s specific REQUIREMENTS OR THAT the services will be completely error-free, completely secure or uninterrupted. AdmissionPros shall not be liable to the client or any third party for any unavailability or inoperability of telecommunications systems, the internet, search engines, social media sites, technical malfunction, computer error, corruption or loss of information, or other injuries, damage or disruption of any kind beyond the reasonable control of AdmissionPros. Client assumes all risks related to the processing of transactions related to electronic commerce. Client’s sole remedy for a breach of the foregoing warranty is to require
LIMITATION OF LIABILITY
Except with respect to each party’s indemnity obligations hereunder, breach of a party’s confidentiality obligations and/or the gross negligence or willful misconduct of a party, in no event will AdmissionPros, it’s owners, officers, or employees be liable for any special, indirect, incidental or consequential damages (including without limitation, loss of use, data, business or profits or costs of cover) arising out of or in connection with the agreement, or professional errors or omissions, whether such liability arises from any claim based on agreement, tort (including negligence), product liability or otherwise, and whether or not client has been advised of the possibility of such loss or damage. AdmissionPros, it’s owners, officers, or employees’ cumulative liability to the client, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to AdmissionPros by client pursuant to the previous three months of the agreement. AdmissionPros shall not be liable to client or client’s representatives for any harm resulting from any use of confidential information.
Client agrees to defend, indemnify and hold harmless
How Disputes will be Resolved/Legal Issues
ADMISSIONPROS’s home is in North Carolina. Therefore, the formation, construction, performance, and enforcement of the Agreement shall be in accordance with the laws of the State of North Carolina without regard to its conflict of law provisions. Any action or proceeding arising from a claimed breach of this Agreement shall only be brought in the appropriate state or federal court in the State of North Carolina and Client consents to the jurisdiction of such North Carolina courts (and appellate courts) and by
Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement to the extent such default or delay is caused, directly or indirectly, by reason of fire, earthquake, labor dispute (other than labor disputes of such party or its independent contractors and its employees), act of God, acts of terrorism, or any local, state, federal, national or international law, governmental order or regulation or any other event beyond a party’s reasonable control.
Each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. Indemnification, Client’s Ownership and ADMISSIONPROS’s Ownership and shall survive termination or cancellation of the Agreement.
For questions regarding our Standard Terms and Conditions, please email us at contact [at] firstname.lastname@example.org