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Terms of Service

This agreement is between EduPlan, LLC (“EduPlan”) and its clients. Unless the context requires otherwise, EduPlan and/or its assigns shall be referred to as “us, we, or our” and you shall be referred to as “you or your.”

1) You will not hold EduPlan, its officers, editors, and representatives liable for any denied admissions to any undergraduate, graduate or professional program or school or any denial of employment. Furthermore, you understand that you will write all your essays and that you are responsible for all aspects of the essays and/or resumes.

2) We have made NO representations about what our service will do for your chances of admission to any undergraduate, graduate or professional school or program or for your chances of employment at any institution, corporation, business, or government agency.

3) EduPlan disclaims any and all implied or express warranties, including but not limited to, the essays’, resumes’, or letters’ fitness for a particular purpose and your fitness for any job or undergraduate, graduate or professional program.

4) You are responsible for career documents’ completeness and accuracy, and for proofreading. We are not liable for any injury or damage caused by omissions, false statements, or other inaccuracies.

5) You must review all career and educational documents and notify us of any needed corrections within 7 days of the date draft copy was e-mailed to you. If you wish to make revisions thereafter, you will be charged at the professional rate of US$150.00 per hour – minimum 1/4 hour.

6) You understand and agree to our refund policy, which is as follows:

EduPlan does not issue refunds for work already performed.

Once you have participated in the data gathering consultation, there will be no refunds. If an educational consulting package client wants to cease work before the editor meets with the client, he or she receives a complete refund. If a package client wants to cease work after the editor sends the outline and before the editor actually starts editing the essay, then EduPlan issues a 50% refund.

If you purchase a consulting package, decide to stop work before using up all your time, and have more than one hour of unused time, you can request a refund. EduPlan will calculate your refund as follows: The Amount Paid – [US$150.00 * Time]. “Time” is the time your editor spent consulting with or editing for you.
You acknowledge that our time spent reviewing initial documents, preparing for and conducting client interviews, communicating with you, preparing resumes and other documents, and providing all other products and services, is compensable.

You agree that if our pricing or fee schedules are rejected by a court or arbitrator, then you will compensate us at the rate of US$150.00 per hour, with a minimum charge of US$150.00. Time beyond the first hour will be rounded up to the nearest 1/4 hour.

We do, however, guarantee that resume writing clients will get interviews with the résumé developed by EduPlan if used correctly (please read our interview rewrite guarantee at www.eduplan.us/guarantee). Should you feel that your résumé is not effective in the marketplace, we will together review the résumé and your documentation of submissions to appropriate employers. Then, we will rewrite the résumé, if necessary.

By purchasing our services, you agree that time is of the essence and that you expressly acknowledge and waive your right to cancel this Agreement under applicable state laws. Clients who cancel their payment may be charged a US$150.00 chargeback fee.

We reserve the right to refuse service to anyone or to cancel service to anyone.

We provide your career and educational consulting documents in Microsoft Word format. We cannot otherwise guarantee the compatibility of files with your systems or that documents will retain their original formatting features. We may keep electronic or paper copies of documents indefinitely.

Copyright

All Web site design, text, and graphics are the property of EduPlan, LLC

Copyright© 2008-2009 by EduPlan, LLC ALL RIGHTS RESERVED.

The stock photographs used as the basis for our custom graphics is Copyright © iStockPhoto and BigStockPhoto. All Rights Reserved.

Permission to use the information on this Web site is granted subject to the following conditions:

1. An individual may view or download this web site or print one hard copy of it for his/her personal use.
2. Individuals involved in admissions counseling may quote from this web site provided the material in which it is quoted contains the following notice:
“This information is provided by EduPlan.us,
Inc. Further information is available at
http://www.eduplan.us or via e-mail
at info@eduplan.us”
3. In addition, such individuals may reproduce pages from this web site and distribute them provided the reproductions contain the EduPlan logo at the top of each.
4. EduPlan grants permission to link freely to this web site.

Disclaimer of Responsibility

EduPlan, LLC is providing this web site and its contents on an “AS IS” basis and makes no representation or warranty of any kind, express or implied, with respect to this site or its contents. EduPlan, LLC disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, EduPlan, LLC does not represent or warrant that the information accessible via this site is accurate, complete, or current.

Neither EduPlan, LLC nor any of its directors, employees, editors, subcontracted workers or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of income or data, loss of or damage to property, and claims of third parties.

The services described herein are provided “AS IS” without any warranty of any kind, either express or implied. In no event will EduPlan, LLC, its officers, directors, employees, editors, subcontracted workers and representatives be held liable for any damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of income or data, loss of or damage to property, and claims of third parties arising from any clients’ rejection from any undergraduate, graduate, or professional program of any kind.

Price Change Policy

Prices are subject to change without notice.

Service and Trade Marks

EduPlan (R) is a registered service marks of EduPlan, LLC. All rights thereto are reserved.

Privacy

We ask you when we need information that personally identifies you (“Personal Information”) such as your name and contact information. We use your Personal Information to operate our site and services. We may also inform you of our new features, services, and products. Your Personal Information is not shared with anyone who does not work for or with us, except with your permission.

We keep client provided writing samples, resumes, and other information confidential. Again, they are not shared with anyone who does not work for or with us, except with your permission.

We reserve the right to use our work (including resumes and other work prepared for you) and your questions, comments, and feedback in instructional, promotional, or other material. We will remove your Personal Information from any such work.

We may use cookies to count users to our sites but these cookies do not contain any Personal Information.

License and Site Access

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) or that of our affiliates and our affiliates without express written consent.

You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Any unauthorized use terminates the permission or license granted by us.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page so long as the link does not portray EduPlan or www.eduplan.us, its resume writers, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Moreover, you may not use any of our logos or other proprietary graphic or trademark as part of the link without our express written permission.

Reviews, Comments, Communications, Essays, Resumes, and Other Content

Visitors may post reviews, comments, essays, resumes, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, 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 mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.

If you do post content or submit material including essays and resumes, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to edit, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content subject to the Privacy Policy. 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 this policy and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content or text posted or submitted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY WWW.EDUPLAN.US ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WERE GROSSLY NEGLIGENT. IF THE LIMITATIONS SET FORTH IN THIS AGREEMENT ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00.

In no event will EduPlan, its officers, directors, employees, editors, subcontracted workers and representatives be held liable for any damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of income or data, loss of or damage to property, and claims of clients or third parties arising from any client’s rejection from any educational program, employment offer, or other opportunity of any kind. You submit writing samples, resumes, and any other material at your own risk. Further, you agree to hold us harmless from any academic, administrative, criminal, or civil proceedings.

Applicable Law

The laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise.

Disputes

All disputes shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. All modifications to this Agreement must be made, in writing, by Claudine Vainrub.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR PRIVACY POLICY

The Information We Collect

This notice applies to all information collected or submitted on this website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information that may be collected at these pages are:

Name
Address
Phone number
Other contact information
Credit/Debit Card
Information
Employment History
Career Information
The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties except to the extent necessary to complete your order.

Information you submit on our website will not be used for this purpose unless you fill out the registration form.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Orders are processed through PayPal.

How You Can Access or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by contacting us. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Should you have other questions or concerns about these privacy policies, please contact us.

All contents copyrighted by EduPlan.

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