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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
The information or software (“Materials”) on this web site (the "Site") are provided by IR SCHOOL APP FEE and inRESONANCE, Inc. ("inRESONANCE") as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any Materials from or using this Site, You agree to these terms (the "Agreement"). If You do not agree to them, do not use the Site or download any further Materials from it. If You object to any material found on this Site, please bring Your concerns to the attention of the Site Administrator ([email protected]). The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
1. TRADEMARK AND COPYRIGHT INFORMATION:
"inRESONANCE", "inresonance.com", "iR", "iR Online Application", and the inRESONANCE logo are the property of inRESONANCE. All other names and trademarks are the property of their respective holders.
2. SINGLE COPY LICENSE:
The Materials at this Site are copyrighted and any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. You may download the Materials found on the inRESONANCE Site on a single computer for the purpose of completing the Materials and submitting them to the appropriate educational entity. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
3. TERMINATION OF THIS LICENSE:
inRESONANCE may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.
4. OWNERSHIP OF MATERIALS:
All Materials on this Site are Copyright (c) 2009 inRESONANCE, Inc. All Rights Reserved, unless indicated otherwise. inRESONANCE retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Except as expressly provided herein, they may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without inRESONANCE's prior written permission. Except as expressly provided herein, inRESONANCE does not grant any express or implied right to You under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to You by inRESONANCE in writing or incorporated elsewhere in the Materials.
5. DISCLAIMER:
These materials are provided “AS IS” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose or warranties arising by course of dealing or custom or trade. In no event shall inRESONANCE, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents be liable to you or any other entity for any and all damages including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of business opportunities, admission rejection or waitlist) arising out of relating to (1) the use of or inability to use the Materials; or (2) reliance on the content; or (3) errors, inaccuracies, omissions, defects, untimeliness, security breaches; or (4) any other failure to perform by inRESONANCE or inRESONANCE's content providers. The foregoing shall apply regardless of whether inRESONANCE has been advised of the possibility of such damages. inRESONANCE also makes no representations or warranties that your access to and use of the site (1) will be uninterrupted or error-free; (2) is free of viruses, unauthorized code, or other harmful components; or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect You against any claim, damage, loss, or hazard that may arise by virtue of your use of the Site.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. inRESONANCE and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. inRESONANCE may make changes to these Materials, or to the products described therein, at any time without notice. inRESONANCE makes no commitment to update the Materials. Any description of products or services in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location. If necessary and in accordance with applicable law, inRESONANCE will cooperate with local, state and/or Federal authorization to protect this Site, visitors, customers, members, inRESONANCE, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.
6. LIMITATION OF LIABILITY:
If, notwithstanding the other terms of this agreement, inRESONANCE should have any liability to You or any third party for any loss, harm, or damage, You and inRESONANCE agree that such liability shall under no circumstances exceed the lesser of $1000 or the fees You paid inRESONANCE during the year immediately preceding the day the act or omission occurred that gave rise to your claim. You and inRESONANCE agree that the foregoing limitation of liability is an agreed allocation of risk between You and inRESONANCE and reflects the fees, if any, inRESONANCE charges You to use the SIte. You acknowledge that absent your agreement to this limitation of liability, inRESONANCE would not provide the site to you.
7. INDEMNITY:
You agree to defend, indemnify and hold inRESONANCE, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, fines, expenses, penalties, costs or damages (including inRESONANCE's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, (3) Your unauthorized or unlawful possession of any Materials obtained from or through the Site, or (4) the unauthorized or unlawful use of the Site by any other person using Your Login Name and/or Password.
8. USER SUBMISSIONS:
Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be subject to the inRESONANCE Privacy Policy, incorporated herein by this reference ("Communications"). You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. inRESONANCE hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by inRESONANCE in its sole discretion and without further notice.
9. USER RESPONSIBILITY
inRESONANCE makes the Online application available to schools and organizations, but we cannot verify that the school or organization has actually downloaded the data You submitted via the Online application. It is the Applicant's responsibility to verify with the school or organization that his/her application was received.
10. LINKS TO OTHER MATERIALS:
The linked sites are not necessarily under the control of inRESONANCE and inRESONANCE is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. inRESONANCE reserves the right to terminate any link or linking program at any time. inRESONANCE has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and inRESONANCE shall not be responsible for notification of any change in name or location of any information of the Site. inRESONANCE reserves the right to request any web site administrator to disable or remove any link that violates any rights of inRESONANCE or causes interruption or deterioration of services provided by inRESONANCE. Failure to abide by this request shall be dealt with as any other unauthorized use or access to inRESONANCE resources. The content of any linked site or any link containing a non affiliated linked site may contain the views, opinions, statements, offers and other materials of the respective users, suppliers, participants, or authors. inRESONANCE does not endorse, is not responsible for and makes no representation or warranties regarding such content or its accuracy, supplier's ability or fitness for any particular purpose and inRESONANCE shall not be liable for any harm arising from, resulting from or in connection with the reliance on any such content. In addition, inRESONANCE shall not be a party to, or liable in any way for any harm associated with any transaction between you and any other participant in inresonance.com.
11. CREDIT CARD PAYMENTS:
All Your application fee transaction information, including Your name, address, and credit card number, is encrypted using a secure server for maximum security. In the unlikely event that You are subject to fraudulent charges, first notify your credit card provider in accordance with its reporting rules and procedures. If, for whatever reason, you are held responsible for any fraudulent charges made on the inresonance.com website, inRESONANCE will cover the entire liability for you, up to $50, as long as the unauthorized use of your credit card resulted through no fault of your own from an order made with inRESONANCE while using the inRESONANCE secure server. Credit card transactions are handled by a third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.
12. APPLICABLE LAWS:
This Site is controlled by inRESONANCE from its offices within the Commonwealth of Massachusetts. inRESONANCE makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
13. DISPUTE RESOLUTION:
Any dispute between inRESONANCE and You arising out of this Agreement shall be resolved first by direct communication with one or more of inRESONANCE's management team members. Should inRESONANCE and You be unable to resolve the dispute by communication, either inRESONANCE or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of inRESONANCE's headquarters and pursuant to Massachusetts state law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
14. ENTIRE AGREEMENT:
This Agreement, including the Privacy Policy incorporated herein by this reference, contains the entire agreement between You and inRESONANCE relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of inRESONANCE employees. inRESONANCE reserves the right to make changes to this Agreement at any time without advance notice. inRESONANCE agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.
15. TERMINATION:
Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. inRESONANCE may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections [insert sections ] of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. inRESONANCE reserves the right to discontinue or make changes to the Site at any time.
16. ASSIGNMENT:
inRESONANCE may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without inRESONANCE's prior written permission. Any attempt by You to assign Your rights under this Agreement without inRESONANCE's permission shall be void.
17. WAIVER OF BREACH:
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
18. FORCE MAJEURE:
inRESONANCE shall not be liable for any failure or unavailability of the Site and/or services or failure by inRESONANCE to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond inRESONANCE's control.
19. NOTICE:
inRESONANCE may deliver notice to You under this Agreement by means of electronic mail, a general notice on inresonance.com�, or by written communication delivered by first class U. S. mail to Your address on record in inRESONANCE's account information. You may give notice to inRESONANCE at any time via electronic mail to [email protected] or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
inRESONANCE, Inc.
32 Industrial Dr. East Suite 100
Northampton, MA 01060
Tel: 413-587-0236
Fax: 413-587-0238
Attn: Site Administrator
Electronic Mail: [email protected]
20. HEADINGS:
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
21. INVALIDITY:
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
GENERAL STATEMENT
Portal Web Services, Sandbox Web Services, Family Access Module, and School Forms Online (The Services) are intended to facilitate communication and the exchange of information between families and schools. You do not need to be a registered The Services member to view this web site. However, there are some features that are accessible only if you are registered. This privacy policy (“Privacy Policy”) discloses the privacy practices for IR SCHOOL APP FEE and inRESONANCE, Inc. (“inRESONANCE”). inRESONANCE is committed to your privacy. inRESONANCE hereby notifies you of:
INFORMATION COLLECTION AND USE
inRESONANCE is the sole owner of the information collected on The Services. inRESONANCE will not sell, share, transfer or rent this information to others in ways different from what is disclosed in this Privacy Policy or as requested by you. inRESONANCE collects information from its users on the “Applicant Log-In”, “Online Admission Application Account”, and “Submit Application and Payment” pages. inRESONANCE will request information it needs in order for you to participate in The Services (i.e. your name and e-mail address) or pay for the service (i.e. credit card information). When you provide inRESONANCE with a testimonial about your The Services experience, we may ask for your name, e-mail address, phone number, and feedback regarding your experience. We may use this information to contact you regarding your testimonial. If you indicate that we may quote you, your name and experience may be shared with others or posted publicly to our site and you may be contacted about your experience.
REGISTRATION
In order to use all the services of The Services, a user must first complete the “Online Admission Application Account” registration form. During registration, users are required to give information such as name, e-mail address, login name, password, challenge question and challenge question answer (age, gender, online purchasing habits and income). E-mail address is used primarily to confirm the identity of the user. This information is also used to contact the user about The Services for which he/she has expressed interest. Information as to the login name, password, challenge question and challenge question answer are requested to confirm that you are in fact the person authorized to utilize your The Services account. Information as to the age, gender, purchasing habits, and income level and other unique identifiers (such as interests) are requested to help inRESONANCE provide a more personalized experience on The Services.
OPT OUT PROCEDURES
You may opt out of receiving future mailings or other information from inRESONANCE. To request that you not receive future communications, please send an email to [email protected] indicating the type of information that you no longer desire to receive.
COOKIES
A cookie is data stored on the user's computer. Use of a cookie is in no way linked to any personally identifiable information shared while on The Services. Once the user closes his or her browser, the cookie simply terminates. For instance, by setting a cookie on The Services, the user would not have to log in a Password more than once, thereby saving time while on our site. If a user rejects the cookie, he or she may still use our site. The only consequence to this is that the user may be limited in some areas of the The Services site. For example, without a cookie, your browser may not automatically remember your application User ID when you return to log in again to the inRESONANCE online application. Cookies also can enable inRESONANCE to track the interests of The Services users to enhance the user experience of the The Services site. Some of inRESONANCE's business partners, including but not limited to Member Schools and businesses (“Partners”), may use cookies on inRESONANCE's site (for example, amazon.com & First Marblehead Corporation). Usually, these cookies exist only if the user clicks on the ad. inRESONANCE has no access to or control over these cookies.
LOG FILES
inRESONANCE may use IP addresses to analyze trends, administer the site, track users' movements, and gather broad demographic information for aggregate use.
SHARING
inRESONANCE does not rent, sell or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when inRESONANCE has your permission, or under the following circumstances:
By using The Services and its various features, you may make some of your personal information public or you may choose to share some of your personal information with others. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
CONFIDENTIALITY AND SECURITY
inRESONANCE takes all necessary precautions to protect users' personal information both online and off-line. When inRESONANCE's registration process (“Online Admission Application Account”) requests that the user enter sensitive information, that information is encrypted with our SSL Provider's encryption software. Our SSL Provider's encryption software ensures SSL session will receive powerful 256-bit SSL encryption, the strongest encryption available, regardless of browser version. When inRESONANCE's payment process (“Submit Application and Payment”) requires that the user enter sensitive information, that information is encrypted with Our SSL Provider's encryption software. Our SSL Provider's encryption software ensures SSL session will receive powerful 256-bit SSL encryption regardless of browser version. In addition to using our SSL Provider's encryption software online, inRESONANCE also protects your personal information off-line. Access to your personal information is limited to employees whom inRESONANCE reasonably believes will need that information to provide services to you. However, inRESONANCE is not responsible for the confidentiality, security or distribution of your own personal information by our Partners and third parties, which occurs outside the scope of your agreement with inRESONANCE. inRESONANCE shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond inRESONANCE's control.
LINKS
inRESONANCE may contain links to other sites. The linked sites are not necessarily under the control of inRESONANCE. Please be aware that inRESONANCE is not responsible for the privacy practices of such other sites. inRESONANCE encourages users to be aware when they leave The Services and to read the privacy statements of each and every web site that collects personally identifiable information. If you decide to access any of the third-party sites linked to this site, you do this entirely at your own risk. Any links to any Partner of inRESONANCE should be the responsibility of the linking party, and inRESONANCE shall not be responsible for notification of any change in name, content or location of any information of the site.
CHILDREN'S AND MINORS' PRIVACY
Persons under 18 years of age may not use this software without permission of a parent or guardian.
inRESONANCE strongly encourages parents and guardians to supervise the
online activities of their minor children and consider using parental
control tools available from online services and software manufacturers
to help provide a child-friendly online environment. These tools also
can prevent a minor from disclosing his/her name, address, and other
personally identifiable information online without parental permission.
Although The Services
is not intended for use by minors, inRESONANCE respects the privacy of minors who may use the Internet.
Whenever inRESONANCE becomes aware that a user is under the age of 13
years, the following additional terms, conditions and notices apply to
use of The Services:
SPECIAL OFFERS
inRESONANCE sends all new members a welcoming e-mail to verify password and e-mail address. Established members will occasionally receive information on products, services, special deals, etc.. Out of respect for the privacy of The Services's users, we present the option to not receive these types of communications. Please see our “Opt Out” section above. If users wish to subscribe to inRESONANCE's newsletter and/or periodic correspondence, we require their e-mail addresses. If they are under 13 years of age, inRESONANCE will not send them a newsletter.
SITE AND SERVICE UPDATES
As necessary, inRESONANCE may send the user site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about the service. inRESONANCE communicates via e-mail with users to provide requested services and to resolve issues relating to their accounts.
CORRECTION/UPDATING PERSONAL INFORMATION
If a user's personally identifiable information changes (such as e-mail address or ZIP code), or if user no longer desires inRESONANCE's service(s), he/she can update his/her profile by contacting inRESONANCE Support ([email protected]). inRESONANCE will endeavor to correct, update or remove the personal data provided by the user.
NOTIFICATION OF CHANGES
If inRESONANCE decides to change the The Services Privacy Policy, inRESONANCE will post those changes on the The Services home page so users are always aware of what information inRESONANCE collects, how inRESONANCE it uses it, and under what circumstances, if any, inRESONANCE discloses it. If at any point inRESONANCE decides to use personally identifiable information in a manner different from that stated at the time it was collected, inRESONANCE will notify users by way of an e-mail. Users who have provided personally identifiable information before the changes in the The Services Privacy Policy will have a choice as to whether or not inRESONANCE may use their information in this different manner. If the user chooses, in writing to inRESONANCE, that inRESONANCE not use his/her personally identifiable information in accordance with the new Privacy Policy, inRESONANCE will use information in accordance with the Privacy Policy under which the information was originally collected. inRESONANCE will notify you of any significant changes to the The Services Privacy Policy by sending you an email notice.