Terms, Policies & Agreements

These terms & policies explain our legal relationship with you.

Terms of Service

 

Use of the openapply.com website and all authorized services and facilities provided through it or in relation to it (the “Service”) by any school or other institution (the “Subscriber”) shall be according to the following terms and conditions (“Terms of Service”).

 

 

Preliminary Provisions:

 

Exclusive Terms. These terms and conditions, except those contrary to applicable law, provide the exclusive terms of the relationship between Faria Systems LLC. (“The Provider”) and the Subscriber. Nothing outside the terms listed in this document shall constitute part of any agreement between the Provider and the Subscriber relating to the Subscriber’s use of the Service, and any previous agreement is superseded by these terms. Subject to Change. The Provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment, enhance, or change the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute consent to such changes. The most current version of the Terms of Service is available at: https://www.openapply.com/terms.

Violations. Violation of any of any of these terms by the Subscriber will result in the termination of the Subscriber’s account, and the Provider reserves the right to bar use of the Service by any person or entity which has violated the Terms of Service in the past.

Disclaimer. To the full extent permitted by law, the Subscriber agrees to use the Service on an “as is” basis and understands that the Provider is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by users (“Content”), or provided or transmitted by the Subscriber. The Subscriber expressly understands and agrees that the Provider 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 (regardless of whether the Provider has been advised of the possibility of such damages), resulting 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; or (v) any other matter relating to the Service. The Provider does not warrant that (i) the Service will meet your specific requirements and (ii) the Service will be uninterrupted or error-free.

Indemnification. To the maximum extent permitted by law, you agree to hold harmless and indemnify the Provider, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claims arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Provider will provide you with written notice of such claim, suit or action.

Privacy. The privacy of information submitted to or transmitted through the service is governed by a separate Privacy Policy, available at:https://www.openapply.com/terms With regard to children under the age of 13, an additional Privacy Policy is applicable, and available at:https://www.openapply.com/terms

 

 

Nature of Service:

 

This Service provides users with online access to school information such as academic records, deadlines, and files, as well as acting as a communications medium to facilitate interaction between teachers, students, coordinators, administrators, and parents. Schools subscribe to the Service; the Service then allows individual teachers to determine the scope and nature of the information to make available to their students and those students’ parents through the Service.

 

 

Account Terms:
Child Online Privacy Protection Act Compliance:

 

Informed Parental Consent. Before the Subscriber may sign up or cause to be signed up any child under the age of 13 for a membership with the Service, a parent or legal guardian MUST provide a signed copy of the Form of Written Parental Consent (“Parental Consent” provided at: https://www.openapply.com/coppa.htm) to the Subscriber. The Subscriber is responsible for obtaining the Parental Consent, and reasonably verifying that a parent or legal guardian has in fact signed the Parental Consent, before signing up or causing to sign up any child under 13 for an account with the Service. The Subscriber must provide a copy of the signed Parental Consent to the Provider upon request, within a reasonable period of time. Indemnification. To the maximum extent permitted by law, and in addition to any other indemnification mentioned in these Terms of Service, the Subscriber agrees to fully indemnify the Provider with regard to any suit or proceeding for damages, if the suit involves claims arising directly or indirectly from the Subscriber’s failure to comply with the foregoing paragraph. The fact that a cause other than the Subscriber’s failure to comply with the foregoing paragraph may have contributed to the harm alleged in such suit or proceeding will not in any way diminish the scope or force of this indemnification, even if such other cause is the Provider’s own failure or negligence.

 

 

Payment Terms:

 

The Subscriber is billed in advance on an annual basis for use of the Service. Each payment is non-refundable. The payments are in consideration of the creation, deletion and modification of accounts, as well as the right to use the service. The Provider will not pay any refund or credit if the Subscriber terminates or suspends use of the service before the end of any prepaid period.

Accounts are automatically renewed for the following year on the expiration date listed on the Invoice.

 

 

Cancellation and Termination:

 

The Subscriber is solely responsible for properly cancelling the Subscriber’s account. This can be done by contacting us by phone at +1 (866) 297-7022 and by sending an email to support@www.openapply.com with the subject line “Cancellation Request”. You will receive a confirmation request confirming this.

All Content and personal information stemming from the Subscriber’s account will be immediately deleted from the Service upon a valid cancellation.

If the Subscriber cancels the Service before the end of any term for which full payment has been received, the cancellation will take effect immediately and the Subscriber will not incur any new charges.

The Provider, in its sole discretion, has the right to suspend or terminate the Subscriber’s account and refuse any and all current or future use of the Service for any reason at any time. The Provider reserves the right to refuse service to anyone for any reason at any time.

Violation of the Terms of Use governing individual conduct on the Service, by any individual through any membership associated with the Subscriber’s account, may result in termination of the Subscriber’s account if not addressed to the satisfaction of the Provider. Such violations include, but are not limited to, verbal, physical, written or other abuse (including threats of abuse or retribution) of any user, customer, employee, or officer.

 

 

Modifications to the Service and Prices:

 

The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all plans, including but not limited to annual subscription fees to the Service, are subject to change upon three-month (90 days) notice from us. Such notice may be provided at any time by posting the changes on the Service or through any other reasonable means.

The Provider shall not be liable to the Subscriber or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

 

Copyright and Content Ownership:

 

The Provider claims no intellectual property rights over the material provided to the Service by users or the Subscriber.

The Provider does not pre-screen Content, but the Provider or any designee of the Provider have the right (but not the obligation) in their sole discretion to refuse or remove any Content from the Service.

The Subscriber agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Provider.

The Subscriber must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other service of the Provider.

 

 

Indemnification

 

To the maximum extent permitted by law, the Subscriber agrees to hold harmless and indemnify the Provider, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claims arising from or in any way related to the Subscriber’s use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the Provider will provide the Subscriber with written notice of such claim, suit or action.

Additionally, and to the maximum extent permitted by law, the Subscriber agrees to fully indemnify the Provider with regard to any suit or proceeding for damages, if the suit involves claims arising directly or indirectly from the Subscriber’s failure to comply with its obligations under the Child Online Privacy Protection Act Compliance paragraph of these Terms of Service. The fact that a cause other than the Subscriber’s failure to comply with such obligations may have contributed to the harm alleged in such suit or proceeding will not in any way diminish the scope or force of this indemnification, even if such other cause is the Provider’s own failure or negligence.

 

 

General Conditions

 

Technical support is provided to account holders and is available via email, telephone, and chat.

The Provider may, but has no obligation to, remove Content and delete accounts containing Content that it determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable. The Provider may also remove any Content and delete accounts containing Content that it believes may violate any party’s intellectual property rights or these Terms of Service.

The Subscriber understands that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted if SSL is not enabled and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The Subscriber must not transmit to or through the Service, any worms or viruses or any code of a destructive nature.

If the Subscriber’s bandwidth usage exceeds 20,000 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by the Provider) of other customers of the Service, we reserve the right to throttle your file or image hosting until you can reduce your bandwidth consumption.

The failure of the Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Subscriber and the Provider and governs the Subscriber’s use of the Service, superseding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the Terms of Service).

These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or those of your actual state or country of residence. Any claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Wilmington, DE, and you consent to the jurisdiction of its courts.

 

 

Questions & Contact Information

 

Any questions about this Terms of Service agreement should be addressed to legal@faria.co; or by mail to:
Faria Systems, Inc.
548 Market St. #40438,
San Francisco,
CA 94104 USA;
+1 (415) 670-9038.