Terms of Service
Revised and Effective as of August 15, 2017
THIS IS A LEGALLY BINDING CONTRACT BETWEEN APPLICATIONSONLINE, LLC AND YOU.
ACCESS TO AND USE OF ANY PART OF THIS WEBSITE (THE "CMP WEBSITE") OR THE CMP SERVICE PROVIDED THROUGH THE CMP 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 "CMP SERVICE" MEANS THE ONLINE SERVICE PROVIDED BY APPLICATIONSONLINE, LLC ON AND THROUGH THIS WEBSITE LOCATED AT awu-cmp.com (THE "CMP WEBSITE") AND FURTHER INCLUDES, COLLECTIVELY AND WITHOUT LIMITATION, THE CMP WEBSITE AND ALL WEBPAGES, CONTENT, SOFTWARE, INTELLECTUAL PROPERTY, AND EQUIPMENT ON, ASSOCIATED WITH, OR USED IN CONNECTION WITH ANY OF THE FOREGOING.
BY ACCESSING OR USING THE CMP 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 CMP SERVICE. YOUR PERMISSION TO ACCESS AND USE THE CMP 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
- PURPOSE. The CMP Service is provided by ApplicationsOnline, LLC, a Maryland limited liability company ("ApplicationsOnline," "we," "us," or "our") on behalf of the educational institutions identified on the CMP Website (collectively referred to herein as, the “Institutions”) for use by prospective admission candidates and their parents/guardians.
- MINIMUM AGE REQUIREMENT. THE CMP SERVICE IS PROVIDED SOLELY FOR USE BY REGISTERED USERS AGE 13 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 13 are not permitted to use the CMP Service in any manner and will not be permitted to register.
- OWNERSHIP. The CMP Service is protected under United States and international copyright laws and treaties. ApplicationsOnline is the sole and exclusive owner of all right, title and interest in and to or is the valid licensee of the CMP Service, including, but not limited to, all related websites, webpages, 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 in or associated with all of the foregoing. Except for the limited license granted to you in Section 4, below, nothing in this Agreement shall be construed as transferring or conferring any ownership interest in or to the CMP Service or otherwise granting any rights or licenses in or to the CMP Service, or any intellectual property subsisting therein or associated therewith, to you or any third party.
- LIMITED LICENSE. 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 CMP Service for your personal, non-commercial use by non-automated means using a supported browser solely for the purpose of: (a) completing and submitting one or more electronic forms to the Institutions; and/or (b) performing other related actions for which the CMP 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 CMP Service. You may not use, reproduce, download, publicly display, distribute, modify or prepare derivative works of the CMP Service, or any part thereof, except as expressly permitted in this Agreement. You may not reverse engineer, screen scrape, decompile or disassemble any portion of the CMP Service or remove, modify or obscure any copyright, trademark or other proprietary rights notices contained in or on the CMP Service.
- AUTHORIZATION AND REGISTRATION REQUIRED. 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 for any reason, at our discretion. You may not allow anyone else to use your user name to access or use the CMP 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 CMP Service to any third party. If you believe your account and/or password have been compromised, you must notify us in writing immediately.
- ACCURATE AND COMPLETE INFORMATION. When you provide information during use of the CMP Service, including without limitation, when registering for an account, 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 CMP Service. In addition, we may notify the Institutions if we determine that any information you provided is false or inaccurate.
- PRIVACY STATEMENT. ApplicationsOnline requests personally identifiable information from you on and through the CMP Service. Our practices with respect to the collection, use, disclosure and safeguarding of personally identifiable information in connection with the CMP Service are described in our Privacy Statement, available at https://andover.awu-cmp.com/auth/legal/privacy-statement, 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 CMP Service is subject to the Privacy Statement. By using and providing information through the CMP Service you are authorizing ApplicationsOnline to make all such information, including without limitation all personally identifiable information, available to the Institutions. By using the CMP 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. As part of providing you the CMP Service, we may need to provide you with certain communications such as administrative messages and maintenance announcements. These communications are considered part of the CMP Service and you may not be able to opt-out from receiving them.
- CHANGES TO THE CMP SERVICE. ApplicationsOnline may modify, restrict, discontinue, or disable access to all or any part of the CMP Service or any of the services or functionality provided on or through the CMP Service at any time, for any reason, without liability or prior notice, in its sole and absolute discretion.
- THIRD PARTY SERVICES. The CMP 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.
- LINKS TO OTHER WEBSITES. The CMP 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 CMP Website 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 CMP 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 CMP Service. To deactivate your account, you must send a signed, written request to our office address (500 West University Parkway, Suite 1M, Baltimore, MD 21210) with 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 CMP 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 CMP 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; or (b) your use of or activities in connection with the CMP Service do not comport with the purpose of the CMP Service or are otherwise objectionable in our sole discretion. 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 CMP 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 7, 8, 11, 12, 13 and 15. 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.
- WARRANTY DISCLAIMER. THE CMP 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 AND THE INSTITUTIONS DISCLAIM 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 AND THE INSTITUTIONS FURTHER DISCLAIM 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 CMP SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE CMP SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY INFORMATION SUBMITTED BY YOU WILL BE SECURE, AVAILABLE, UNCORRUPTED, ERROR- FREE, STORED FOR ANY MINIMUM PERIOD OF TIME OR DELIVERED TO OR RECEIVED BY THE INSTITUTIONS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CMP SERVICE, INCLUDING, BUT NOT LIMITED TO, VERIFYING THAT YOUR ADMISSION CANDIDATE RESPONSE FORM AND/OR ELECTRONIC PAYMENT(S) HAVE BEEN RECEIVED BY THE INSTITUTIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. NEITHER APPLICATIONSONLINE NOR THE INSTITUTIONS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE CMP SERVICE, THE CMP WEBSITE, YOUR USE OF THE CMP SERVICE AND/OR THE CMP WEBSITE, OR THE INFORMATION PROVIDED BY YOU THROUGH THE CMP SERVICE. APPLICATIONSONLINE'S AND THE INSTITUTIONS’ 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.
- MODIFICATIONS TO 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 CMP Website. We encourage you to visit the CMP Website and 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 CMP 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.
- GENERAL PROVISIONS. 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 nor 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 City of Baltimore, in the State of Maryland, United States of America, and waive any jurisdiction, venue or inconvenient forum objections to such courts.
- EFFECTIVE DATE. These Terms of Service were last revised on and are effective as of: August 15, 2017.