Effective Date: August 26, 2013
Welcome to Admittedly! We are your personalized, online college guidance counselor. We use personality quizzes and other tools to help match students with schools ideal for their personality, interests, and goals. With the Admittedly Score, students better understand how they stand as applicants and whether their ideal schools fall into reach, target, or safer categories. We also provide personalized recommendations on how to improve student resumes based on their interests, location, goals, and budget.
In order to access certain features of the Service, you a must become a registered user of our Service ("Registered User"), which you do by creating a User Account. You may create a User Account either by registering with us directly through our Site, where you will be required to choose a user ID and password or by connecting to us through a third-party social network service ("SNS", such as Facebook), which you can also do directly from our Site. By becoming a Registered User through an SNS you agree that we may access and use your information made available to us from that third-party service, to the extent permitted by that SNS. By becoming a Registered User, you also agree that we may store your log-in credentials. You are responsible for maintaining the confidentiality and security of your ID and password, and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account, ID, or password. You further agree that all information you provide in registering for a User Account is accurate, current and complete, and you will keep such information up to date. We reserve the right to refuse to register or provide services to any person or entity for any reason, in our sole discretion.
You may close your User Account at any time by emailing firstname.lastname@example.org with the subject "Cancel Account."
By using our Site and/or Service, you agree to comply with community guidelines that govern services and sites of this kind. Your further agree with the following specific guidelines, that you will not:
The Site may include Third-Party Content, or links to it, and/or links to Third Party Sites. "Third Party Content" means content belonging to, or originating from, third parties and "Third Party Sites" means third party websites that are not owned or controlled by Admittedly. All Third-Party Content made available to you on the Site is provided "as is", and solely for your information and personal, non-commercial use.
From time to time we may post Third Party Content on the Site for which we receive payment or other consideration from a third party. When that happens, such Third Party Content may be, but is not required to be, identified as "Sponsored." Third-Party Content may not be copied, reproduced, distributed, or otherwise exploited in any manner, other than as intended by the normal functionality of the Site and Service.
Some of the services or functionality on the Site may be provided by third parties on Third Party Sites. To access such services or functionality you may be required to register on the Third Party Site. Such registration, if any, is separate from any registration on the Site, and will be governed by the terms of the Third Party Site, including privacy and data gathering policies.
You acknowledge that Admittedly makes no representations and warranties concerning, and, does not guarantee the accuracy, integrity or quality of any Third-Party Content or your or other’s User Content. Admittedly expressly disclaims any and all liability in connection with User Content and Third-Party Content. You must evaluate, and bear all risks associated with, the use of any User Content and Third Party Content, including any reliance on its accuracy, completeness, or usefulness. You further acknowledge and agree that Admittedly has no liability for the services or functionality provided on any Third Party Sites, including without limitation the security of payment or other transactions, notwithstanding that, in some instances, such Third Party Sites may incorporate Admittedly trademarks, logos or other identifying materials. You further acknowledge and agree that Admittedly has no control over, and assumes no responsibility for, the content, privacy policies, practices, products or services of any Third Party Sites, including Third Party Content contained on such Third Party Sites.
Except for User Content and Third-Party Content, all content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the "Site Content"), is owned by or licensed to Admittedly, with all rights reserved, and is subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you "as is" for your information and personal, non-commercial use only. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Admittedly's prior written permission, in each instance, or in connection with the share function provided by Admittedly on the Site. To the extent Admittedly has such rights in the Site Content, you are granted a limited, revocable, nontransferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your information and personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable by Admittedly at any time, without notice, and with or without cause.
Admittedly may offer services that are available via your mobile phone, including without limitation the ability to upload content to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively "Mobile Services"). Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By using any Mobile Services, you agree that we may communicate with you through your mobile device regarding Admittedly, the Service and the Site and other entities, by SMS, MMS, text message, push message or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
Admittedly, Admittedly Score, and other Admittedly graphics, logos, designs, page headers, button icons, scripts and service names are either registered trademarks, trademarks or trade dress of Admittedly in the U.S. and/or other countries. Admittedly's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Admittedly. Accordingly, nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks and service marks displayed on this Site, without Admittedly's prior written permission in each instance.
Admittedly respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law. In Admittedly's sole discretion, Admittedly may remove content that may be infringing on another person's intellectual property rights, with or without notice to the potential infringer. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification, but we are not liable for any failure to make such contact.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a written notice of infringement containing the information specified below:
To notify Admittedly of claims of copyright or other intellectual property infringement, write us at: Copyright Agent, c/o Admittedly, Inc., 16 West 22nd St, 6th Fl, New York, NY 10010. You may also send an email to us at email@example.com.
You acknowledge that if you fail to comply with all of the requirements of this section your notice may be invalid. Please also note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that a product or activity is infringing your copyrights.
If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notice, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the original claimant, unless required to do so by law. After we send the counter-notice, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content. If we receive such notification we will not restore the material. If we do not receive such notification, we may reinstate the material, but are under no obligation to do so.
Please note any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Admittedly are not confidential and shall become the sole property of Admittedly. Admittedly shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Admittedly reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) with or without notice. Admittedly may establish general practices and limits concerning use of the Site and/or Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on Admittedly's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. Admittedly has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Service. You understand that the technical processing and transmission of the Service, including your User Content, may involve:
Admittedly reserves the right to log off accounts that are inactive for an extended period of time. You agree that Admittedly shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Service. You further acknowledge that Admittedly reserves the right to modify these general practices and limits from time to time.
You acknowledge, consent and agree that Admittedly may access, preserve and disclose your User Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
You acknowledge that Admittedly has no control over, and no duty to take any action regarding:
The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Admittedly makes no representations concerning, and Admittedly will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. You release Admittedly from all liability for you having acquired or not acquired content through the Site or the Services.
None of Admittedly, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the "Admittedly Parties") guarantees or represents the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the site, including any content contained in our accessed through the site or service. None of the Admittedly Parties warrant that this Site or the Service will be uninterrupted or error free, that any specific information that is requested will be provided or that this site or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site and the accuracy, timeliness or completeness of the content or Services is assumed solely by you. The Service, content, and Site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
In no event will any of the Admittedly Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, or any of the site content, third-party content or other materials on, accessed through or downloaded from the site, even if Admittedly is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Admittedly's entire cumulative liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Admittedly for the Service during the term, but in no case will Admittedly's liability to you exceed US$100. You acknowledge that if no fees are paid to Admittedly for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Admittedly, regardless of the cause of action. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Admittedly Parties' liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or Service. For any such actions, we each agree to submit to the personal jurisdiction of the state and federal courts located in New York City, New York and waive any and all defenses of lack of personal jurisdiction and forum non conveniens. We each agree to waive any and all rights we may have to trial by jury.
If the Service is being acquired on behalf of the United States Government ("USG"), then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
Any software or technology obtained from Admittedly through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.