Terms & Conditions
1. Acceptance by Use
2. Changes to the Terms
APA may change the Terms at any time by posting the amended Terms on the APA website. You should check this website from time to time to review the current Terms as they are binding on you. Your continued use of the Sites and Services will constitute your acceptance of the amended Terms.
3. The Sites and Services
3.1 Intellectual Property: The Sites and Services are our intellectual property or the intellectual property of our licensors and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Sites and Services (whether registered or unregistered) and the material published in them is owned by us or our licensors or licensees. No element of the Sites and Services may be used or exploited in any way other than as part of the Sites and Services offered to you. We do not transfer title to any portion of the Sites and Services to you.
Other than as expressly provided herein, no part of the Sites and Services may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.
If you breach any of these Terms, your permission to use the Sites and Services automatically terminates and you must immediately destroy any downloaded or printed extracts from the Sites and Services.
3.2 Changes: The Sites and Services are evolving and will change over time. APA and its licensors reserve the right to change, suspend, remove or disable access to the Sites and Services or other materials comprising any part of the Sites and Services at any time without notice. In no event will APA be liable for making these changes. APA may also impose limits on use of or access to certain features or portions of the Sites and Services without notice or liability.
3.3 Requirements: Use of the Sites and Services may require compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access certain Sites and Services and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
3.4 Wireless: You may access certain Sites and Services through a mobile network, your network or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the Sites and Services. Your carrier may prohibit or restrict certain Sites and Services and certain Sites and Services may be incompatible with your carrier or wireless internet device.
3.5 Restrictions: We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to the download by you of any material posted on our site, or on any website linked to it.
Grant of a Limited License to Use the Sites and Services: Subject to your agreement and continuing compliance with these Terms and Conditions and any other relevant APA policies, APA grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Sites and Services. You agree not to use the Sites and Services for any other purpose.
4.1 The following restrictions apply to the use of the Sites and Services:
- You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself;
- You shall use your Account only for non-commercial purposes; You shall not use the Sites and Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
4.2 Login information and Your Account: During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify APA and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. APA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
4.3 License Limitations: Any use of the Sites and Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
- Engage in any act that APA deems to be in conflict with the spirit or intent of the Sites and Services or make improper use of APA’s support services.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Sites and Services, or other attempts to disrupt the Sites and Services or any other person’s use or enjoyment of the Sites and Services.
- Attempt to gain unauthorized access to the Sites and Services, Accounts registered to others or to the computers, Servers, or networks connected to the Sites and Services by any means other than the user interface provided by APA, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Sites and Services.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including APA’s employees or representatives.
- Make available through the Sites and Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an APA employee.
- Solicit or attempt to solicit personal information from other users of the Sites and Services or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Sites and Services.
APA reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Sites and Services themselves. APA reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Sites and Services in whole or in part. Without prejudice to its other rights or remedies, APA reserves the right to take legal proceedings against you for reimbursement of all costs or losses resulting from your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as APA reasonably believes is necessary.
4.4 Suspension and Termination of Account: WITHOUT LIMITING ANY OTHER REMEDIES, APA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO APA SITES AND SERVICES OR PORTIONS THEREOF IF YOU ARE, OR APA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SITES AND SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SITES AND SERVICES, AND APA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SITES AND SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SITES AND SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. APA RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
APA reserves the right to stop offering and/or supporting the Sites and Services or part of the Sites and Services at any time, at which point your license to use the Sites and Services or a part thereof will be automatically terminated. In such event, APA shall not be required to provide benefits or other compensation to users in connection with such discontinued Sites and Services. Termination of your Account can include disabling your access to the Sites and Services or any part thereof including any content you submitted or others submitted.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to update your account information to keep it current and accurate. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.
You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
8. User Information
APA may offer community features as part of the Sites and Services. You may be able to post reviews, comments and other content and submit suggestions, ideas, comments, questions, opinions and feedback. You may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any person or entity. You also may not post content that consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise provide misleading information. APA reserves the right (but not the obligation) to remove or edit such content, at its sole discretion.
If you do post content or submit material, you grant APA a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, including, without limitation, in connection with advertising our Services and reviews. You grant APA and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose to use it. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify APA for all claims resulting from content you supply. APA has the right but not the obligation to monitor and edit or remove any activity or content. APA takes no responsibility and assumes no liability for any content posted by you or any third party.
9. Electronic Communications
When you use parts of the Sites and Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or text message or by posting notices on our website or through the other Sites and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.
10. User Interactions
You are solely responsible for your interactions with other users of the Sites and Services and any other parties with whom you interact through your Account and/or APA. APA reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with APA to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting APA access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The APA website and the Sites and Services may contain links to web sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content available on any web sites linked to the APA website or the Sites and Services or for any loss or damage that may arise from your use of them. Such links do not imply APA’s endorsement of material on any other web site and APA disclaims all liability with regard to your access to such linked web sites.
Academic Programs Abroad
42 Saint George Ave
Stamford, CT 06905 USA
Tel: +1 (203) 883-8200
Fax: +1 (203) 883-8201
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY: THE SITES AND SERVICES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SITES AND SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL APA OR ITS SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (INCLUDING LICENSORS) (COLLECTIVELY, THE “APA PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITES AND SERVICES (INCLUDING ANY INFORMATION, SITES AND SERVICES OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES AND SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE APA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US RELATED TO THE SITES AND SERVICES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE APA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITES AND SERVICES. APA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
14. Other Provisions
14.1 Choice of Law: This agreement is governed by the laws of the United States of America and the State of Connecticut, without giving effect to any conflict of laws principles.
14.2. Choice of Forum: You agree that any action at law or equity arising out of or related to the Terms will be filed, and that venue properly lies, only in the state or federal courts located in Stamford, Connecticut, United States of America. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
14.3 Binding Arbitration and Class Action Waiver: You and APA agree to arbitrate all disputes between you and APA arising under the Terms, except disputes relating to the enforcement of APA’s or its licensors’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Sites and Services or these Terms, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.
In the event of a dispute, you or APA must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Academic Programs Abroad, 42 Saint George Ave, Stamford, CT 06905, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and APA will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.
If you and APA do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final and binding except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place and be held in Stamford, Connecticut. For residents outside the United States, arbitration shall be initiated in Stamford, Connecticut, United States of America, and you and APA agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor APA will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
14.4. Enforcement: APA reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Sites and Services and/or a third-party claim that your use of the Sites and Services is unlawful and/or infringes such third party’s rights).
14.5 Entire Agreement: This agreement constitutes the entire agreement between you and APA with respect to the Sites and Services and supersedes all prior or contemporaneous agreements, terms or conditions, oral or written, between you and APA.
14.6 Severability: If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
14.7 Survival: The provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.
14.8 Waiver: No waiver of any provision of the Terms by APA shall be deemed a further or continuing waiver of such provision or any other provision. APA’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
14.9 Equitable Remedies: You acknowledge that the rights granted and obligations made under these Terms and Conditions to APA are of a unique and irreplaceable nature, the loss of which shall irreparably harm APA and which cannot be replaced by monetary damages alone so that APA shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Sites and Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Sites and Services or any content or other material used or displayed through the Sites and Services and agree to limit your claims to claims for monetary damages only.
14.10 Force Majeure: APA shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of APA, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond APA’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.