Gateway to Prep Schools™
Online Secondary School Admission Application

gatewaytoprepschools.com

TERMS OF SERVICE

EFFECTIVE DATE:
These Terms of Service were last revised on and are effective as of: August 9, 2013.

THIS IS A LEGALLY BINDING AGREEMENT

These Terms of Service ("Terms of Service" or "Agreement") pertain to the Gateway to Prep Schools™ websites, located at the following URLs: gatewaytoprepschools.com and gateway.applywithus.com (collectively referred to herein as the "Gateway Website" or the "Website"). The Gateway Website is an online secondary school admission application service provided by ApplicationsOnline, LLC ("ApplicationsOnline," "we," "us," or "our"), a Maryland limited liability company, for use by parents, applicants age 13 or older and our member schools and their representatives. The "Gateway Website," as used in this Agreement, collectively includes all of the webpages, services, content and software comprising or made available through the Website and the individual webpages, including, without limitation, the Gateway to Prep Schools application, school-specific forms (called "Supplements"), inquiry forms and all other forms, documents and materials available on or via the website.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN APPLICATIONSONLINE AND EACH USER OF OR VISITOR TO THE GATEWAY WEBSITE ("YOU"). BY ACCESSING OR USING THE GATEWAY WEBSITE, YOU ACCEPT, INDICATE YOUR ASSENT TO, AND AGREE TO BE BOUND BY THIS AGREEMENT. ACCESS TO AND USE OF THE GATEWAY WEBSITE IS PROHIBITED EXCEPT PURSUANT TO THIS AGREEMENT AND YOUR FULL AND CONTINUED COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE GATEWAY WEBSITE. THIS AGREEMENT AND ALL RIGHTS GRANTED HEREIN AUTOMATICALLY TERMINATE UPON YOUR FAILURE TO FULLY COMPLY WITH ALL OF THESE TERMS AND CONDITIONS.

1. AGE REQUIREMENT. THE GATEWAY WEBSITE IS PROVIDED SOLELY FOR USE BY REGISTERED USERS AGE 13 OR OLDER. We do not knowingly solicit or collect personally identifiable information from children under the age of 13. All users are required to enter their date of birth at the time of registration. Children under the age of 13 are not permitted to use the Gateway Website themselves and will not be permitted to register or submit a Gateway to Prep Schools application. Parents or legal guardians of children under the age of 13 may register to use the Gateway Website and submit the Gateway to Prep Schools application on behalf of a child under the age of 13. By registering for an account on the Gateway Website and by accessing or using the Gateway Website, you verify that you are age 13 or older. This policy will be strictly enforced. If you believe that a child under the age of 13 has provided any personally identifiable information to us through the Gateway Website, contact us immediately. Any personal information provided by a child under the age of 13 will be deleted immediately.

2. PRIVACY POLICY. Our policy and practices regarding the collection, use, disclosure and protection of personally identifiable information on the Gateway Website are described in the Privacy Policy posted on the Gateway Website, as revised from time to time (the "Privacy Policy"). The Privacy Policy is incorporated herein by reference and made a part of this Agreement for all purposes.

3. OWNERSHIP. You acknowledge and agree that ApplicationsOnline is the sole and exclusive owner of all right, title and interest in and to, or is the valid licensee of, the Gateway Website, including, but not limited to, all software, scripts, webpages, data, graphics, copy, forms and other content and materials contained on or made available through the Gateway Website.

4. LIMITED LICENSE. Subject to your full compliance with this Agreement, ApplicationsOnline hereby grants you a limited, nonexclusive, personal, non-transferable, revocable license to use the Gateway Website solely for the purpose of (a) completing and submitting a Gateway to Prep Schools Application to one or more member secondary schools selected by you; and (b) performing other related, non-commercial activities on the Gateway Website. Except as expressly provided in this Section, all other rights are reserved by ApplicationsOnline and its licensors. You may not use, reproduce, distribute, download, publish, transmit, display, modify or prepare derivative works of the Gateway Website or the Gateway to Prep Schools Application, or any part thereof, except as expressly permitted in this Agreement. You may not reverse engineer, decompile, disassemble or "screen scrape" any portion of the Gateway Website or remove any copyright, trademark or other proprietary rights notices contained in or on the Gateway Website or the Gateway to Prep Schools Application. You may not access the Gateway Website by automated means or by any means other than manually logging in via the designated login screen using your own valid user ID and password. You may not use the Gateway Website or any part thereof for commercial purposes.

5. USER IDS AND PASSWORDS. We may refuse to issue you a particular user ID for any reason. You are solely responsible for the safeguarding and use of your user ID and password. You may not disclose, lend, share, transfer or sell your user ID or your use of or access to the Gateway Website to any third party. If you believe your user ID, password, account or information have been compromised, you must notify us in writing immediately. You are solely responsible for any use or misuse of your user ID and/or password.

6. ACCURATE AND COMPLETE INFORMATION. When you register to use the Gateway Website, you agree to (a) provide accurate, current and complete information about yourself and the applicant; and (b) maintain and update all information to keep it accurate and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate this Agreement and your use of the Gateway Website at any time without prior notice and without further obligation to you.

7. ELECTRONIC PAYMENTS. Application fee payments are non-refundable. If you have any questions concerning application fee payments please contact the institution to which you paid the application fee. ApplicationsOnline is not responsible for duplicate applications submitted or admission fees paid by you or anyone on your behalf to member schools. You are responsible for contacting the particular institution to which a duplicate application and/or payment was made and any resulting dispute is solely between you and such institution.

8. TERM AND TERMINATION. The term of this Agreement commences upon your first access or use of the Gateway Website and continues until terminated by either party as set forth in this Agreement. Either party may terminate this Agreement immediately upon written notice to the other party. In addition, we reserve the right to immediately terminate this Agreement and/or your access to and use of the Gateway Website if you violate any of the terms of this Agreement or for any other reason specified herein. Upon termination of this Agreement by either party, your right to use the Gateway Website shall immediately cease, and we will have no further obligation to you or the applicant, except as set forth in the Privacy Policy.

9. CHANGES TO GATEWAY WEBSITE. ApplicationsOnline may discontinue the Gateway Website and/or some or all of the services provided on the Gateway Website at any time, without liability or prior notice, in its sole and absolute discretion, unless otherwise agreed between ApplicationsOnline and you, in writing.

10. OTHER WEBSITES. The Gateway Website may include links to other websites. ApplicationsOnline is not responsible for the content or operation of any other website other than the Gateway Website and makes no representations or warranties whatsoever with respect to other websites, including, but not limited to, the privacy practices of such websites or the content or legality of such websites. You visit and use other websites at your own risk.

11. MODIFICATIONS TO TERMS OF SERVICE. ApplicationsOnline reserves the right to modify this Agreement from time-to-time at our discretion, unless otherwise agreed between ApplicationsOnline and you, in writing. ApplicationsOnline will notify you of any modifications to this Agreement by electronically posting the revised Terms of Service on the Gateway Website. We encourage you to 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 Gateway Website after the Effective Date of the revised Terms of Service will constitute your assent to and acceptance of the Agreement, as revised. In addition, ApplicationsOnline may, but is not obligated to, notify you via e-mail and/or by other means of such modifications.

12. TRADEMARKS. Gateway to Prep Schools is a service mark of ApplicationsOnline’s licensors. All other trademarks, service marks, logos and other content are owned by their respective owners and are used with consent. You may not use any trademarks, service marks, logos or other content of the Gateway Website without the express written consent of ApplicationsOnline or the respective owner.

13. DISCLAIMER. THE GATEWAY WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE, MATERIALS AND CONTENT THEREON AND ANY PRODUCT OR SERVICE PROVIDED ON OR THROUGH THE GATEWAY WEBSITE, INCLUDING BUT NOT LIMITED TO THE Gateway to Prep Schools APPLICATION, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APPLICATIONSONLINE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICATIONSONLINE FURTHER DISCLAIMS 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 GATEWAY WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE GATEWAY WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

14. LIMITATION OF LIABILITY. APPLICATIONSONLINE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GATEWAY WEBSITE. APPLICATIONSONLINE’S MAXIMUM CUMULATIVE LIABILITY FOR ANY DAMAGES SUSTAINED BY YOU OR ANY PERSON CLAIMING THROUGH YOU SHALL BE THE AMOUNT PAID BY YOU TO USE THE GATEWAY WEBSITE OR TO SUBMIT THE GATEWAY TO PREP SCHOOLS APPLICATION THROUGH THE GATEWAY WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The provisions of this Section and Section 13 above shall not apply to you to the extent inconsistent with any written agreement between ApplicationsOnline and you.

15. GENERAL PROVISIONS. Any provision of this Agreement found to be unlawful, void or for any reason unenforceable shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be assigned by you without the prior, written consent of ApplicationsOnline. No waiver by either party 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 as a matter of convenience and in no way defines or explains any section or provision hereof. With the exception of any written agreement between ApplicationsOnline and you which specifically refers to these Terms of Service, this is the entire Agreement between ApplicationsOnline and you relating to the subject matter herein and this Agreement supersedes any and all prior or contemporaneous written or oral Agreements with respect to such subject matter. This Agreement is governed by and 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 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 9, 2013.