ApplyWithUs℠ Terms of Service
Revised and Effective as of October 1, 2019.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN APPLICATIONSONLINE, LLC AND YOU.
ACCESS TO AND USE OF ANY PART OF THE APPLYWITHUS℠ SERVICE OR WEBSITE IS
PROHIBITED EXCEPT PURSUANT TO THESE TERMS OF SERVICE (THIS "AGREEMENT" OR
THESE "TERMS OF SERVICE") AND YOUR FULL AND CONTINUED COMPLIANCE WITH THE
TERMS AND CONDITIONS SET FORTH BELOW. FOR PURPOSES OF THIS AGREEMENT, THE
"APPLYWITHUS SERVICE" MEANS THE ONLINE SERVICE POWERED BY
APPLICATIONSONLINE, LLC'S PROPRIETARY COLLEGEBOUND℠ SOFTWARE PLATFORM AND
PROVIDED BY APPLICATIONSONLINE, LLC ON AND THROUGH ITS WEBSITE LOCATED AT
WWW.APPLYWITHUS.COM (THE "APPLYWITHUS SITE") AND FURTHER INCLUDES,
COLLECTIVELY AND WITHOUT LIMITATION, THE APPLYWITHUS SITE, ALL ASSOCIATED
WEBPAGES AND SUB-DOMAINS, ALL SUB-DOMAIN WEBSITES AND WEBPAGES, AND ALL
CONTENT, SOFTWARE, INTELLECTUAL PROPERTY, AND EQUIPMENT ON, ASSOCIATED
WITH, OR USED IN CONNECTION WITH ANY OF THE FOREGOING.
BY ACCESSING OR USING THE APPLYWITHUS SERVICE, YOU UNCONDITIONALLY ACCEPT
AND AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT AND ALL POLICIES
AND OTHER TERMS REFERENCED HEREIN, WITHOUT MODIFICATION OR EXCEPTION. IF
YOU HAVE A WRITTEN AGREEMENT WITH APPLICATIONSONLINE, THESE TERMS OF
SERVICE FORM PART OF YOUR WRITTEN AGREEMENT. IF YOU DO NOT AGREE TO COMPLY
WITH OR BE BOUND BY THIS AGREEMENT OR DO NOT ACCEPT ANY OF ITS TERMS, YOU
MUST NOT ACCESS OR USE ANY PART OF THE APPLYWITHUS SERVICE. YOUR PERMISSION
TO ACCESS AND USE THE APPLYWITHUS SERVICE, AS GRANTED BELOW, AUTOMATICALLY
TERMINATES UPON YOUR FAILURE TO FULLY COMPLY WITH ALL OF THE TERMS AND
CONDITIONS SET FORTH HEREIN.
Terms and Conditions
The ApplyWithUs Service is protected under United States and
international copyright laws and treaties. ApplicationsOnline, LLC, a
Maryland limited liability company ("ApplicationsOnline," "we," "us,"
or "our"), is the sole and exclusive owner of all right, title and
interest in and to or is the valid licensee of the ApplyWithUs Service,
including, but not limited to, all related websites, webpages,
ApplyWithUs Applications, software, scripts, databases, data
dictionaries, interfaces, designs, layouts, look and feel, images,
graphics, and all other content included thereon or associated
therewith, along with all copyrights and other intellectual property
rights subsisting therein or associated therewith. Except for the
limited license granted to you in Section 2, below, nothing in this
Agreement shall be construed as transferring or conferring any
ownership interest in or to the ApplyWithUs Service or otherwise
granting any rights or licenses in or to the ApplyWithUs Service, or
any intellectual property subsisting therein or associated therewith,
to you or any third party.
Subject to your full and continuing compliance with this Agreement,
ApplicationsOnline hereby grants you a limited, nonexclusive, personal,
non-transferable, revocable license to access and use the ApplyWithUs
Service by means of a supported browser solely for the purpose of: (a)
completing and submitting one or more completed electronic
applications, surveys, questionnaires, and/or data collection forms
(collectively, "ApplyWithUs Applications") to the institutions or
organizations associated with each such ApplyWithUs Application or
otherwise selected by you to receive the completed ApplyWithUs
Application(s) ("Recipients"); (b) submitting requested information
relating to the ApplyWithUs Application of another as a third party
evaluator or contributor ("Contributor"); and/or (c) performing other
related actions for which the ApplyWithUs Service is intended and for
which you are authorized. Except as expressly provided in this Section,
ApplicationsOnline reserves all other rights in and to the ApplyWithUs
Service. You may not use, reproduce, download, publicly display,
distribute, modify or prepare derivative works of the ApplyWithUs
Service, or any part thereof, except as expressly permitted in this
Agreement. You may not reverse engineer, decompile or disassemble any
portion of the ApplyWithUs Service or remove, modify or obscure any
copyright, trademark or other proprietary rights notices contained in
or on the ApplyWithUs Service.
You must register for an account and select a user name and password in
order to access and use the non-public areas of the ApplyWithUs
Service. You represent and warrant that the information you provide
during the account registration process is true, accurate and complete.
We may refuse to accept your registration or issue you a particular
user name for any reason, at our discretion. You may not allow anyone
else to use your user name to access or use the ApplyWithUs Service or
to access or use your account for any reason. You are solely
responsible for maintaining the secrecy of your password, and for all
use and activity associated with your user name. You may not transfer
or sell your user name or your use of or access to the ApplyWithUs
Service to any third party. If you believe your account and/or password
have been compromised, you must notify us in writing immediately. You
are solely responsible for any use or misuse of your user name and/or
password until you notify us.
MINIMUM AGE REQUIREMENT.
THE APPLYWITHUS SERVICE IS PROVIDED SOLELY FOR USE BY REGISTERED USERS
AGE 16 OR OLDER. You are required to enter your true and actual date of
birth at the time of registration for an account. Children under the
age of 16 are not permitted to use the ApplyWithUs Service in any
manner and will not be permitted to register.
ACCURATE AND COMPLETE INFORMATION.
When you provide information during use of the ApplyWithUs Service,
including without limitation, when registering for an account and when
completing any ApplyWithUs Application, you agree to: (a) always
provide responsive information that is true, accurate, current and
complete; and (b) maintain and update your information to keep it
accurate, current and complete. You acknowledge that, if any
information provided by you is untrue, inaccurate, not current, or is
incomplete, we reserve the right to terminate this Agreement and your
access to and use of the ApplyWithUs Service. In addition, we may
notify any Recipients to whom you submitted an ApplyWithUs Application
if we determine that any information you provided is false or
You represent and warrant that, with respect to any and all information
and/or content which you may upload, post, link to or otherwise provide
or make available through or in connection with the ApplyWithUs
Service, in any form, format or media, including without limitation,
all documents, essays, photographs, images, graphics, audio files,
movies and videos (collectively, "Uploaded Materials"): (a) you have
the unrestricted right to provide the Uploaded Materials and grant the
license set forth below; and (b) none of the Uploaded Materials
infringe or violate any copyright or other intellectual property right
of any third party, as provided by you or as used by ApplicationsOnline
or the Recipients pursuant to the following license. All Uploaded
Materials are voluntarily provided or made available by you and, by
doing so, in each instance, you grant ApplicationsOnline and all of the
Recipients you selected to receive ApplyWithUs Applications a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use, reproduce, distribute, transmit, publicly display,
modify and prepare derivative works of any Uploaded Materials in
connection with your ApplyWithUs Applications and the/or the
ApplyWithUs Service. This foregoing license shall continue for so long
as and to the extent that ApplicationsOnline and/or any Recipient
remain in lawful possession of any of the Uploaded Materials.
All Uploaded Materials provided or made available by you on or through
the ApplyWithUs Service and your use of the ApplyWithUs Service are
subject to and must comply with the ApplyWithUs Acceptable Use Policy
("AUP"), available at
, which is incorporated herein by reference and made a part of this
Agreement. Any Uploaded Materials or use of the ApplyWithUs Service
which in any manner directly or indirectly violate the AUP are
prohibited and shall be deemed a material breach of this Agreement.
ApplicationsOnline has the right, but not the obligation, to monitor
your Uploaded Materials and/or your use of the ApplyWithUs Service to
ensure continued compliance with the AUP and this Agreement. If you
fail to fully comply with this Section, ApplicationsOnline may delete
any non-compliant Uploaded Materials and/or terminate this Agreement
and your use of the ApplyWithUs Service upon written notice to you, in
addition to any other remedies available to ApplicationsOnline.
ApplicationsOnline requests personally identifiable information from
you on and through the ApplyWithUs Service. Our practices with respect
to the collection, use, disclosure and safeguarding of personally
identifiable information in connection with the ApplyWithUs Service is
described in our Privacy Statement, available at
, as revised from time to time (the "Privacy Statement"). The Privacy
Statement is incorporated herein by reference and made a part of this
Agreement for all purposes. Any information that you provide through
the ApplyWithUs Service is subject to the Privacy Statement. As
described in further detail in the Privacy Statement, the ApplyWithUs
Service allows you to submit completed ApplyWithUs Applications,
including personally identifiable information, to the Recipients that
you have selected. By selecting the Recipients and clicking "submit,"
you are opting in to and authorizing ApplicationsOnline, in each
instance, to make your completed ApplyWithUs Applications and "profile"
information, including personally identifiable information, available
to your selected Recipients. By using the ApplyWithUs Service you are
confirming that you have specifically reviewed and accepted the Privacy
Statement, and our practices as described therein, along with and as
part of this Agreement, including but not limited to the transfer and
use of your personally identifiable information to and in the United
States and/or other countries for storage, processing and use by
ApplicationsOnline and the Recipients. As part of providing you the
ApplyWithUs Service, we may need to provide you with certain
communications such as administrative messages and maintenance
announcements. These communications are considered part of the
ApplyWithUs Service and you may not be able to opt-out from receiving
The ApplyWithUs Service indirectly facilitates but does not engage in
the electronic payment of fees associated with some ApplyWithUs
Applications to the respective Recipients through third party, online
payment processors. All such fees are paid through and processed by the
third party payment processor, not ApplicationsOnline.
ApplicationsOnline does not request, collect or store electronic
payment information nor does ApplicationsOnline process or receive such
payments. YOU MAKE SUCH ELECTRONIC PAYMENTS AT YOUR OWN RISK.
APPLICATIONSONLINE IS NOT RESPONSIBLE FOR DUPLICATE, FAILED, ERRONEOUS,
LOST OR STOLEN ELECTRONIC PAYMENTS OR ELECTRONIC PAYMENT INFORMATION.
YOU ARE SOLELY RESPONSIBLE FOR CONTACTING THE THIRD PARTY PAYMENT
PROCESSOR AND/OR THE RECIPIENT TO WHICH PAYMENT WAS MADE.
CHANGES TO THE APPLYWITHUS SERVICE.
ApplicationsOnline may modify, restrict, discontinue, or disable access
to all or any part of the ApplyWithUs Service or any of the services or
functionality provided on or through the ApplyWithUs Service at any
time, for any reason, without liability or prior notice, in its sole
and absolute discretion.
THIRD PARTY SERVICES.
The ApplyWithUs Service may contain or utilize services ("Third Party
Services") provided by certain of our third party service providers,
some of which may require notices and/or additional terms and
conditions that are presented to you when/if you desire to make use of
such Third Party Services. By utilizing such Third Party Services, you
are accepting and agreeing to those additional terms and conditions,
all of which are made a part of and incorporated into this Agreement by
LINKS TO OTHER WEBSITES.
The ApplyWithUs Service may include links to third party websites. Such
links do not indicate or imply any affiliation between
ApplicationsOnline and such third parties or third party websites, nor
any endorsement of the products, services, or content of such third
parties or third party websites by ApplicationsOnline.
ApplicationsOnline is not responsible for the content of any other
website other than the ApplyWithUs Site and makes no representations or
warranties whatsoever with respect to other websites, including, but
not limited to, the information privacy or data security practices of
such other websites or the content or legality of such websites. You
visit and use other websites at your own risk.
TERM AND TERMINATION.
The term of this Agreement commences upon your first access or use of
the ApplyWithUs Service and continues until terminated by you or
ApplicationsOnline in accordance with this Section. You may terminate
this Agreement at any time for any reason by deactivating your account
and discontinuing your use of the ApplyWithUs Service. To deactivate
your ApplyWithUs account, you must send a written request to
your name, user name, the reason for your request and a telephone
number by which we can reach you to verify your request. We will
attempt to respond to each such request within a reasonable time after
receipt. If you stop using the ApplyWithUs Service without deactivating
your account, your account may be deactivated due to prolonged
inactivity, at our discretion. ApplicationsOnline may terminate this
Agreement, suspend or terminate your account, and/or or cease providing
you with all or any part of the ApplyWithUs Service at any time for any
reason, including, but not limited to, if we reasonably believe: (a)
you have violated any of the terms or conditions of this Agreement; (b)
your use of or activities in connection with the ApplyWithUs Service
violates the AUP; or (c) any Uploaded Materials violate the AUP. In
such event, ApplicationsOnline will make reasonable efforts to notify
you via the e-mail address associated with your account. Upon
termination of this Agreement by either party, your right to use the
ApplyWithUs Service shall immediately cease. The provisions of the
following Sections shall survive any termination of this Agreement and
shall remain in full force and effect: Sections 6, 8, 13, 14, 15 and
19. Notwithstanding the foregoing, if you have entered into a written
Online Services Agreement with ApplicationsOnline, your termination
rights are strictly as set forth in the written agreement and this
Section grants you no additional termination rights. In the event of
any conflict or inconsistency between these Terms of Service and your
written agreement, the provisions of the written agreement shall
control and prevail to the extent of such conflict or inconsistency.
THE APPLYWITHUS SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, APPLICATIONSONLINE DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE,
AVAILABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. APPLICATIONSONLINE FURTHER DISCLAIMS ANY WARRANTIES THAT MAY
ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
APPLICATIONSONLINE DOES NOT WARRANT THAT YOUR USE OF THE APPLYWITHUS
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL
BE CORRECTED, THAT THE APPLYWITHUS SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT ANY APPLYWITHUS APPLICATIONS OR INFORMATION
SUBMITTED BY YOU WILL BE SECURE, AVAILABLE, UNCORRUPTED, ERROR-FREE,
STORED FOR ANY MINIMUM PERIOD OF TIME OR DELIVERED TO ALL SELECTED
RECIPIENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
APPLYWITHUS SERVICE, INCLUDING, BUT NOT LIMITED TO, VERIFYING THAT YOUR
APPLYWITHUS APPLICATIONS HAVE BEEN RECEIVED BY ALL SELECTED RECIPIENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
APPLICATIONSONLINE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES UNDER ANY THEORY OF
LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF
THE APPLYWITHUS SERVICE. APPLICATIONSONLINE'S MAXIMUM CUMULATIVE
LIABILITY FOR ANY DAMAGES SUSTAINED BY YOU OR ANY PERSON CLAIMING
THROUGH YOU SHALL BE TEN DOLLARS (US$10.00). SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
are service marks of ApplicationsOnline. All
other trademarks, service marks and logos are property or intellectual
property of their respective owners and are used with permission. You
may not use any trademarks, service marks or logos without the express
written consent of ApplicationsOnline or the respective owner, as
CLAIMS OF COPYRIGHT INFRINGEMENT.
Our Copyright Policy, available at
, describes ApplicationsOnline's policy and procedures for receiving
notices of alleged copyright infringement, removing and/or disabling
access to allegedly infringing ApplyWithUs Service content, and
disabling and/or terminating the accounts of users who infringe the
copyrights of others. ApplicationsOnline reserves the right to modify
the Copyright Policy at any time, in our discretion, as described
MODIFICATIONS OF TERMS OF SERVICE.
ApplicationsOnline reserves the right to modify this Agreement at any
time, at our discretion. ApplicationsOnline will notify you of any
modifications to this Agreement by electronically posting the revised
Terms of Service along with the effective date of such modifications on
the ApplyWithUs Site. We encourage you to review this Agreement
frequently in order to be aware of any changes. The revised Terms of
Service will be effective as of the effective date displayed at the top
and bottom of this document. Your continued use of the ApplyWithUs
Service after the effective date of the revised Terms of Service will
constitute your acceptance of the revised Agreement. In addition,
ApplicationsOnline may, but is not obligated to, notify you via e-mail
and/or by other means of such modifications.
Any provision of this Agreement found to be unlawful, void or for any
reason unenforceable shall be deemed severable and shall not affect the
validity and enforceability of any remaining provisions. Neither this
Agreement or any of your rights, claims, duties or obligations
hereunder may be assigned, transferred or delegated and any attempt to
do so shall be null and void. No waiver by ApplicationsOnline of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption or
section title contained in this Agreement is inserted only for
convenience and in no way defines or explains any section or provision
hereof. This is the entire Agreement between ApplicationsOnline and You
relating to the subject matter herein and supersedes any and all prior
or contemporaneous written or oral Agreements with respect to such
subject matter; provided, however, that notwithstanding the foregoing,
this Agreement does not supersede, replace or modify any written Online
Services Agreement between you and ApplicationsOnline. This Agreement
is governed by and shall be construed in accordance with the laws of
the State of Maryland, United States of America, without regard to its
conflicts of laws principles. You agree to submit to the exclusive
jurisdiction of any State or Federal court located in the State of
Maryland, United States of America, and waive any jurisdiction, venue
or inconvenient forum objections to such courts.
These Terms of Service were last revised on and are effective as of:
October 1, 2019.