TERMS & CONDITIONS
Saturday, April 23, 2016
Saturday, April 23, 2016
Ivy Review is an educational organization that provides college admissions consulting Services and Materials (“Services” and “Materials”) to you subject to the following conditions. If you access this website, with or without registration or purchase, you accept these legally binding terms and conditions. Please read them carefully.
1. Eligibility: The Ivy Review site is intended for use by middle/high school students and their respective parents.
2. Privacy: Please review our Privacy Notice, which governs your visit to this website, to understand our practices.
3. Materials: You hereby purchase any physical Materials, which include, but are not limited to, books, DVDs, CDs, clothing, or paper goods, that Ivy Review makes available under these Terms and Conditions as well as the following conditions: (a) Ivy Review will try and ensure that all prices on our website are accurate, errors may occur. If Ivy Review discovers an error in the price of the Materials you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. (b) The content of the Materials you are purchasing is subject to copyright and other intellectual property rights, and you should refer to any notices accompanying the item. The Materials are supplied for private viewing only and may in no circumstances be modified, transmitted, duplicated, published, sold or used in whole or in part for any commercial or public purpose, and prohibited uses include (without limitation) storage in any website, burning to CD or DVD, distribution, transmission, webcast or broadcast.
4. Services: You may hereby purchase access to any Services of this website, that include, but are not limited to, videos (both streaming and offline viewing), audio clips, interactive portions of this website, information, downloadable materials, under these Terms and Conditions and also more specifically pursuant to Section 11 of this Agreement. Ivy Review may terminate your access to any Services for violation of any of the Terms or Conditions without refund of any Fees. All prices, dates, times, and locations are subject to change at any time without notice at the discretion of Ivy Review. Ivy Review does not offer any guarantees or warranties for score amelioration or college acceptance. Ivy Review does not guarantee availability to its programs. Ivy Review reserves the right to refuse service to anyone.
5. Your Membership Account: You agree to supply accurate, complete, and current information as part of your membership enrollment, registration, or any communication with Ivy Review. If your information is believed to be incomplete or inaccurate in any way, then Ivy Review reserves the right to terminate your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Ivy Review reserves the right to refuse service, terminate or suspend accounts, remove or edit content, or cancel accounts at its sole discretion.
6. Fees: Ivy Review reserves the right to charge for access to any portion of its site or Services or Materials. And, Ivy Review reserves the right to change its fees at any time at its discretion.
7. Refund Policy: All product and service sales, digital or hardcopy, are final and NO refunds will be given after purchase. By purchasing this package you agree to our terms and conditions.
8. Communications: You consent to receive communications from us electronically and/or by phone on our products, services, and other news. You agree that all communications that we provide to you electronically satisfy legal requirements that such communications be in writing.
9. Comments, Email, and Other Content: You agree that any comments, reviews, or emails that you provide will be devoid of any illegal, obscene, threatening, or defamatory language, and will not be invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not contain software viruses, corrupted files, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content. Ivy Review reserves the right (but not the obligation) to remove or edit any inappropriate Content. You grant Ivy Review royalty-free, perpetual, irrevocable right to modify, adapt, reproduce, translate, and display your Content without limitation. You warrant that you own or control all the rights to the Content that you post. Ivy Review takes no responsibility and assumes no liability for any Content posted by you or any third party.
10. Copyright and Trademarks: ALL content and Material included in this site and for sale, including text, videos, audio clips, digital downloads, and exercises, are the property of Ivy Review and are protected by international copyright laws. Ivy Review’s trademarks may not be used in connection with any product or service that is not Ivy Review’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Ivy Review. All other trademarks not owned by Ivy Review that appear on this site are the property of their respective owners.
11. License and Site Access: Ivy Review grants you limited license to access this site for personal, non-commercial use. Downloading any part of the site (other than downloadable PDFs) is strictly prohibited. Modification, creating a derivative work from, copying, framing, reproduction, or transmission of any portion of this site is forbidden without prior written permission from Ivy Review. Access to this site does not include re-sale or commercial use of this site or its contents: any downloading or copying of account information for the benefit of another individual or merchant; or copying any contents of this site for another individual or merchant. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Use of any technical means to circumvent copyright protection is hereby prohibited. Ivy Review reserves the right to terminate access to this site due to any unauthorized use without Refund of any Fees.
12. Warranty: Ivy Review provides this website and materials on an “as is” and “as available” basis. Ivy Review makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Ivy Review disclaims all warranties, express or implied, including, but not limited to, implied warranties of services or products or materials. Ivy review does not warrant that this site, its servers, or e-mail sent from Ivy Review will not be free of viruses or other harmful components. If the web sites, products, services or written materials are defective, you, and not our company, assume the entire cost of all necessary servicing, repair or correction. These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
13. Limitation Of Liability: You expressly understand and agree that Ivy Review and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ivy Review has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Ivy Review service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Ivy Review service; or (e) any other matter relating to the ivy review.
14. Indemnification: You agree to hold harmless and indemnify Ivy Review’s officers, employees, directors, and partners for any expenses (including attorneys’ fees), witness fees, damages, judgments, fines, amounts paid in settlement, and any other costs associated with any claim made against Ivy Review in connection with any threatened, pending, or completed action, suit or proceeding of any kind arising from or made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Ivy Review Services, your use of the Ivy Review Services, your use of the Materials, your connection to the Ivy Review Services, your violation of the Terms and Conditions, or your violation of any rights of another.
15. Disputes: Any dispute with Ivy Review, or its products or Services or Materials, shall be submitted to confidential arbitration in the State of California. If you in any manner violate or threaten to violate Ivy Review’s intellectual property rights, Ivy Review may seek injunctive or other appropriate relief in any state or federal court in the State of California and you consent to exclusive jurisdiction and venue in such courts. Under this agreement, disputes shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If the web sites, products, services or written materials are defective, you, and not our company, assume the entire cost of all necessary servicing, repair or correction.
16. Disclosure: You acknowledge, consent and agree that Ivy Review may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Ivy Review, its users and the public.
17. Guarantees: Student hereby further acknowledges that there are no absolute guarantees or warranties for score amelioration or acceptance to High School, College or University. Neither Ivy Review, Inc., nor its partners, principals, consultants, represent that the student will gain admission to any particular college or university and neither Ivy Review, Inc., nor its partners, principals, consultants is responsible in any way for the student's failure to gain such admission. Due to the increasing number of applicants and the declining number of admits, no student can be assured of admission at any particular college or university, no matter how strong that student is academically. Ivy Review, Inc. does not make any express or implied warranties, guarantees, assurances or representations to the Client with respect to the Services. Without limiting the foregoing, any implied warranty or condition is expressly excluded and disclaimed.
18. Right to Use: Ivy Review retains the right to publish or use student’s name, photo, SAT score, high school, and university admission(s) in its materials or advertisements.
19. Applicable Law: By visiting Ivy Review, you agree that the laws of the State of California in the United States, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Ivy review.
20. Modification and Severability: We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these terms or conditions shall be deemed invalid, void, or unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. Failure to exercise or enforce any provision of these terms or conditions does not constitute a waiver of such provision.
21. Copyright or Intellectual Property Violations: Ivy Review respects the intellectual property of others, and we ask our users to do the same. Ivy Review may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ivy Review the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Ivy Review’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: Ivy Review, 4020 Moorpark Ave. Ste. 111, San Jose, CA 95117.
22. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Ivy Review and governs your use of the Ivy Review Services, superseding any prior version of this Terms and Conditions between you and Ivy Review with respect to the Ivy Review Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ivy Review services, affiliate services, third-party content or third-party software.
23. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Ivy Review Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. Disclaimer: Ivy Review is not affiliated with, endorsed by or in any way associated with The Ivy League Schools.
25. Reserve of Rights: Our company reserves all rights not expressly granted here.