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.
Track Six LLC (DBA “Admit Advantage” and hereafter referred to as “Admit Advantage”) 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 Admit Advantage or such third party that may own the trademark or copyright of material displayed on this website.
Admit Advantage 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 Admit Advantage’s website and these Terms and Conditions, these Terms and Conditions will control.
At the sole discretion of Admit Advantage, authorized representatives of Admit Advantage may adjust the pricing of Admit Advantage’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 Admit Advantage or the client.
Admit Advantage shall accept your order and payment via an e-mail confirmation (the “Confirmation E-mail”), which shall indicate that (i) Admit Advantage has agreed to take you on as a client (the “Client”), and (ii) the specific service(s) that shall be provided. Admit Advantage assumes no obligations until you have received a confirmation e-mail from an authorized Admit Advantage representative, and Admit Advantage reserves the right to reject any order for any reason whatsoever.
Admit Advantage Acknowledgments and Responsibilities
- Admit Advantage shall use commercially reasonable efforts to advise the Client, as a consultant, with respect to all materials that Client will submit to Admit Advantage for review, including any written materials that will be a part of any application for admission to one academic institution (the “Application Materials”).
- Admit Advantage shall use reasonable efforts to provide its comments, whether by e-mail, audio/video conferencing platforms (e.g. Google Meet, Zoom, Skype, phone, etc.) to any drafts of the Application Materials within a reasonable amount of time after receiving such drafts, not to exceed 3 business days. Certain service fulfillment items that recruit the engagement of additional team members may on occasion extend this response time up to but not to exceed 7 business days.
- Admit Advantage shall, at all times, treat Client with respect and shall work with Client in a professional manner.
Client Acknowledgements and Responsibilities
- Client agrees that Admit Advantage is under no obligation to write any of the Application Materials.
- Client shall make reasonable efforts to respond to all Admit Advantage comments with revised drafts within 72 hours of receiving such comments.
- Client agrees to commence work within 60 days 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 Admit Advantage’s outreach efforts (by phone, email, etc.), Admit Advantage’s obligations to Client shall cease.
- If the Client fails to respond to Admit Advantage’s outreach efforts (by phone, email, etc.) for a period of 180 days, Admit Advantage’s obligations to Client shall cease.
- Under these terms and conditions, Admit Advantage Client grants Admit Advantage a perpetual license to use prior and final versions of Client’s Application Materials, in Admit Advantage’s marketing materials, which shall include Admit Advantage’s website. Client shall indicate to Admit Advantage in writing any information in the Application Materials that Client would like Admit Advantage to maintain as confidential in Admit Advantage’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 Admit Advantage 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 Admit Advantage. Breach of this representation and warranty may result in an automatic termination of any relationship between Admit Advantage and the Client.
- Client represents and warrants that all information that has been provided to Admit Advantage 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 Admit Advantage 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 Admit Advantage.
- To the extent such costs exist, Client agrees to incur the costs of any long distance telephone calls by calling Admit Advantage or its representatives for any scheduled telephone meetings. Similarly, client agrees to incur costs of wire transmittals, and any other transactional costs associated with the purchasing of Admit Advantage services along with full or partial refunds.
- Client shall use best efforts to disclose its dissatisfaction, if any, with Admit Advantage’s services to Admit Advantage’s representatives and to allow for a reasonable cure period prior to disclosing Client’s relationship with Admit Advantage 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 Admit Advantage 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 Admit Advantage, client understands that Admit Advantage 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 Admit Advantage’s services or materials, Client agrees to indemnify, hold harmless and defend Admit Advantage 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 Admit Advantage’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. These terms and conditions reflect a commitment on the part of both parties, to protect the good names of all parties to the agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ADMIT ADVANTAGE 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 ADMIT ADVANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ADMIT ADVANTAGE’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 ADMIT ADVANTAGE, IN THE MOST RECENT 3 MONTH PERIOD PRIOR TO THE INITIATION OF ANY CLAIM, SUIT OR PROCEEDING AGAINST ADMIT ADVANTAGE, FOR USING THIS WEBSITE. USE OF THIS WEBSITE INCLUDES, WITHOUT LIMITATION, ANY SERVICES THAT ADMIT ADVANTAGE MAY PROVIDE TO CLIENT AS A RESULT OF CLIENT’S USE OF THIS WEBSITE.
Copyright and Trademark Information
Copyright © Track Six LLC. All rights reserved.
This website, and the information which it contains, is the property of Admit Advantage and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Track Six LLC” is a service mark under the applicable laws of the United States and other countries.
All other product names are trademarks or registered trademarks of their respective owners.
Grounds for Termination of Relationship between Admit Advantage and Client
- Admit Advantage may terminate its relationship with Client for any material breach of these terms and conditions at its sole discretion, at any time, provided that a material breach has occurred.
- Following the Client’s initial (full or partial) transaction, Admit Advantage grants a “Grace Period” of twenty (20) days during which the Client may make changes to services purchased, or to the consulting arrangement. During this time, the Client may add additional schools and still take advantage of bulk package discount incentives. Client may also reduce the number of schools applied to, in which case the service fees will be reduced based upon our applicable fee schedule and the actual number of schools selected. In addition, during this twenty-day period, Client may elect to cancel service and be refunded in full, less a charge of our hourly fee multiplied by any hours used within the Grace Period. After this Grace Period has ended, no refunds whatsoever are available under any circumstances, on purchased services. No refunds are eligible on Hourly Support.
- Any fees outside of the purchase or refund (banking fees, wire fees, Paypal fees, etc.) are borne solely by the client.
- Refunds for Admit Advantage services associated with or purchased through an Admit Advantage partner/affiliate are subject to the Terms & Conditions of the partner company. Please contact the partner directly for details.
- Admit Advantage shall use all reasonable efforts to return work to the Client in 24 hours or less. If Admit Advantage fails to return work to Client within 24 hours as promised, Client is entitled to a refund in the amount of the specific charge related to the late Rush Service package.
- If Client does not sign up for Rush Service and will not be able to complete a package due to time constraints, Admit Advantage has no responsibilities beyond the Company’s standard 72-hour turnaround.
- If Client begins his purchased service with his/her consultant, then chooses to defer services to a later date, additional charges may be incurred for any work that must be updated or re-done, at Admit Advantage’s current hourly rate.
Enforcement of Terms and Conditions
These Terms and Conditions are governed and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Los Angeles, California U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in any federal district court of the United States of America. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Admit Advantage shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the State of California or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Admit Advantage may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about the rights and restrictions above, please contact Admit Advantage at firstname.lastname@example.org.