Search.OpenApply.com is a website made available by ManageBac LLC.

All services and facilities provided through it are provided subject to the following terms and conditions. The Terms of Service, Terms of Use, Privacy Policy, COPPA Disclosure, Service Level Agreement and EU-US Privacy Shield notice and other documents published on https://search.openapply.com/school_terms (the “Terms and Policies”) govern your use the Website. We limit our liability to you in our Disclaimer at paragraph 1.5 and elsewhere below.

1. Preliminary

1.1 Definitions

ManageBac LLC 548 Market St. #40438, San Francisco, CA 94104 USA and its subsidiaries, affiliates, successors or assigns “OpenApply”. “we,” “us,” or “our,” the operators of the Website.

“School Member” or “School Membership” means an individual’s licence to access our service and associated login information (such as a login email and password), as authorised by a School.

“Membership” means an individual’s licence to access our service and associated login information (such as a login e-mail and password), as authorised.

“Parent Member” means an individual non-School Member who has created an account to use the Service, and their licence to access this Service and associated login information (such as a login email and password). Parent means a parent or legal guardian of a student as the case may be. “Parental” shall be interpreted accordingly.

“Service” refers to the services provided through the Website.

“School” refers to a school, school district, or institution, which are primary account subscribers to the Service.

“Visitor” shall mean any user of the Website who does not have an account.

“Website” means our website at search.openapply.com. Use of the term “Websites” below means one or more of our other Websites.

1.2 Terms. These Terms of Service should be read as a whole with the other Terms and Policies, and provide the exclusive terms of the relationship between OpenApply and the Schools and School Members. With the exception of a valid signed written agreement between a School and OpenApply, nothing outside the terms published in our Terms and Policies shall constitute part of any agreement between OpenApply and you relating to your use of the Service. Any previous version of these Terms and Policies is superseded by these Terms and Policies. These Terms and Policies govern any Scope of Services Agreement signed between the School and OpenApply.

1.3 Subject to Change. We reserve the right to update and change our Terms of Service on 14 days notice. Any new features that augment, enhance, or change the current Service, including the release of new tools and resources, shall be subject to our Terms of Service. Continued use of the Service after any such changes shall constitute consent to such changes. Our current version of the Terms of Service is available at the Terms and Policies page of the Website.

1.4 Violations. Violation of any of these terms by you may result in the termination of (1) your account and/or denial of your ability to access the Website without notice, and/or (2) the account of the School on 14 days notice in writing. OpenApply reserves the right to bar use of the Service by any person or entity that has violated the Terms of Service at any time.

1.5 Disclaimers. To the full extent permitted by law, you agree to use the Service on an “as is” basis and understand that OpenApply is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by the Website (“Content”), or provided or transmitted by you or any other person. You confirm and agree that OpenApply shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. This is regardless of whether OpenApply has been advised of the possibility of such damages, whether or not r esulting from: (i) the use or the inability to use the Service; (ii) the unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) termination of your account; and/or (v) any other matter relating to the Service.

1.6 OpenApply does not warrant that the Service will meet your specific requirements or that the Service will be uninterrupted or error-free. We shall not be liable for and make no warranties in relation to the Website or its functionality, Content or capabilities of the Website, to the fullest extent that such liabilities can be excluded by law.

1.7 Content. We provide all information on our Website free of any access charge other than our charges to Schools. The information provided on our Website is provided on the basis that we accept no liability for any of the information published.

1.8 Schools and Parent Members shall:

• Ensure that information contained in anything sent to OpenApply is accurate and does not breach any third parties’ rights including trade mark, database right, copyright or other intellectual property rights nor is libelous, obscene, menacing, threatening, bullying, offensive, abusive, fraudulent, pornographic, criminal nor infringes the rights of other people such as privacy rights or is in any way illegal or unlawful;
• Verify the accuracy of any information before sending it to us;
• Ensure that information provided on the Website complies with all applicable laws and, by posting information, agrees to indemnify us in full on request and continue to indemnify us on request against any claim or liability arising in connection therewith.

1.9 OpenApply reserves the right to reject any information published to the Website without notice.

1.10 Any views expressed in messaging facilities after you login are not those of OpenApply.

1.11 We make no statement and provide no warranty that Content is accurate, up to date or complete and we accept no liability for any loss or damage caused by anything inaccurate or misleading which without limitation, may contain statistical data which may have inaccuracies or errors. If you find that information on the Website is not accurate, please inform your School in the first instance to have information corrected.

1.12 Nothing in these terms and conditions shall exclude or limit our liability for fraud, personal injury or death caused by our negligence, or for any other liability which cannot be excluded or limited under the laws of State of Delaware or under English law (as per clause 9.5 below). Other than the foregoing, all warranties, guarantees or benefits implied or provided by law are excluded to the fullest extent possible and with an absolute limitation of liability capped at the value of the School’s annual subscription fees.

1.13 If any agreements or arrangements are made by you with any third party as a result of your use of the Website, they are and remain entirely at your own risk.

1.14 Security. You will ensure at all times that (1) you do not share your designated password with any other person, (2) you maintain active and effective security measures to protect the integrity and security of your and our computer systems. You will be responsible for loss and damage suffered by us where any third party abuses the services using your login details and/or computing environment, including hardware and software.

1.15 Privacy. The privacy of information submitted to or transmitted through the service is governed by our Privacy Policy, which is published on our Website. With regard to children under the age of thirteen (13), an additional COPPA Compliance Policy applies which is available at the same location. a. The School is responsible for having and communicating a data privacy policy for parents and staff. b. Any need for parental consent is obtained by the School.

1.16 All disputes between the parties arising out of or relating to these terms or the breach, termination or validity thereof shall be referred by either party in writing, first to each party’s representative. The representatives shall meet and attempt to resolve the dispute within a period of thirty (30) working days from the date of referral of the dispute to them.”