TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE OR OUR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Victaprep maintains this website as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of VictaPrep or such third party that may own the trademark or copyright of material displayed on this website.
VictaPrep reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
In the event of any conflict between information contained on VictaPrep’s website and these Terms and Conditions, these Terms and Conditions will control.
At the sole discretion of VictaPrep, authorized representatives of VictaPrep may adjust the pricing of VictaPrep’s services throughout the course of any given year. Once a Confirmation E-mail (as defined below) has been sent, the pricing for the specific service to be provided, and shall not be adjusted by VictaPrep or the client.
VictaPrep shall accept your order and payment via an e-mail confirmation (the “Confirmation E-mail”), which shall indicate that (i) VictaPrep has agreed to take you on as a client (the “Client”), and (ii) the specific service(s) that shall be provided. VictaPrep assumes no obligations until you have received a confirmation e-mail from an authorized VictaPrep representative, and VictaPrep reserves the right to reject any order for any reason whatsoever.
VICTAPREP ACKNOWLEDGMENTS AND RESPONSIBILITIES
VictaPrep shall use commercially reasonable efforts to advise the Client, as a consultant, with respect to all materials that Client will submit to VictaPrep for review, including any written materials that will be a part of any application for admission to academic institutions (the “Application Materials”).
VictaPrep shall use reasonable efforts to provide its comments, whether by e-mail, Skype, phone, etc., to any drafts of the Application Materials within a reasonable amount of time after receiving such drafts.
VictaPrep shall, at all times, treat Client with respect and shall work with Client in a professional manner.
CLIENT ACKNOWLEDGMENTS AND RESPONSIBILITIES
Client agrees that VictaPrep is under no obligation to write any of the Application Materials.
Client shall respond to all VictaPrep comments with revised drafts within mutually agreed timelines of receiving such comments.
Client agrees to commence work within mutually agreed timelines of receiving the Confirmation E-mail unless a timetable has been specifically customized and agreed upon (in writing, including e-mail correspondence) prior to the purchase. 60 days after a purchase has been completed, if no custom timetables have been agreed to in writing by both parties, and Client fails to respond to VictaPrep’s outreach efforts (by phone, email, etc.), VictaPrep’s obligations to Client shall cease.
Under these terms and conditions, VictaPrep Client grants VictaPrep a perpetual license to use prior and final versions of Client’s Application Materials, in VictaPrep’s marketing materials, which shall include VictaPrep’s website. Client shall indicate to VictaPrep in writing any information in the Application Materials that Client would like VictaPrep to maintain as confidential in VictaPrep’s marketing materials.
Client represents and warrants that the Client has not plagiarized or inappropriately used or obtained any materials or information, including the Application Materials, provided to VictaPrep and further represents and warrants that the Client has any and all rights necessary to use and edit materials or information, including the Application Materials, provided to VictaPrep. Breach of this representation and warranty may result in an automatic termination of any relationship between VictaPrep and the Client.
Client represents and warrants that all information that has been provided to VictaPrep is accurate to the best of Client’s knowledge.
Client represents that he or she is not a minor and has reached the age of majority in Client’s jurisdiction. In the event that Application Materials are being submitted to VictaPrep on behalf of a minor, it is understood and acknowledged that Client is the person who has custody of the minor and is responsible for the well-being of the minor and that Client, not the minor, will be submitting payment and engaging the services of VictaPrep.
To the extent such costs exist, Client agrees to incur the costs of any long distance telephone calls by calling VictaPrep or its representatives for any scheduled telephone meetings. Similarly, the client agrees to incur costs of wire transmittal, and any other transactional costs associated with the purchasing of VictaPrep services along with full or partial refunds.
Client shall use best efforts to disclose its dissatisfaction, if any, with VictaPrep’s services to VictaPrep’s representatives and to allow for a reasonable cure period prior to disclosing Client’s relationship with VictaPrep to any third party.
Client acknowledges that as a client, we will occasionally send newsletters via e-mail announcing special offers, news bulletins, and so forth. Client always reserves the right to unsubscribe from this mailing list at any time.
Client acknowledges that neither VictaPrep nor its representatives has made any express, implied or other representations or warranties that its services will in any way guarantee client’s admission to any academic institution or any other desired professional outcome.
By placing an order with VictaPrep, the client understands that VictaPrep disclaims any and all implied or express warranties, including but not limited to, merchantability and fitness for a particular purpose.
By using this website or VictaPrep’s services or materials, Client agree to indemnify, hold harmless and defend VictaPrep and its representatives from any claims, damages, losses, liabilities, settlements and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this website or of VictaPrep’s services or materials in violation of these terms.
By agreeing to these terms and conditions, the Client and Company both recognize that privacy is of utmost importance both to clients, and to the Company itself. The Company agrees to use all reasonable efforts to protect the identities of clients, past, present, and future. Contact information will never be sold to outside vendors under any circumstances. Similarly, by agreeing to these terms and conditions, Client agrees not to do anything that can be seen as negative, in any way, to affect the reputation or good name of the Company. Any event on the part of a Client, past, past present, or future, which can be construed as slander, will force the Company to take immediate recuperative actions, either directly through the client, or through the admissions committees related to the Client’s applications, or both. These terms and conditions reflect a commitment on the part of both parties, to protect the good names of all parties to the agreement.
UNDER NO CIRCUMSTANCES SHALL VICTAPREP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE, OUR SERVICES, OR MATERIALS, EVEN IF VICTAPREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VICTAPREP’S TOTAL LIABILITY TO THE CLIENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO VICTAPREP, IN THE MOST RECENT 3-MONTH PERIOD PRIOR TO THE INITIATION OF ANY CLAIM, SUIT OR PROCEEDING AGAINST VICTAPREP, FOR USING THIS WEBSITE. USE OF THIS WEBSITE INCLUDES, WITHOUT LIMITATION, ANY SERVICES THAT VICTAPREP MAY PROVIDE TO CLIENT AS A RESULT OF CLIENT’S USE OF THIS WEBSITE.
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