Last updated: March 22, 2018

PLEASE READ THESE TERMS OF USE ("TERMS", "TERMS OF USE", "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE MARIANAPOLIS COLLEGE PREP MOBILE APPLICATION. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS FOUND HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL AND/OR USE THIS SOFTWARE.

1. General

The Marianapolis College Prep app, its content, and third-party services (collectively the "Software") are licensed, not sold, to You by the Marianapolis Preparatory School ("MPrep") for use only under the terms of this Agreement. MPrep and/or the developers retain ownership of the Software itself and reserve all rights not expressly granted to You.

2. Amendments

MPrep, at its discretion, may at any time decide to update the terms of this agreement. Your continued use of the Software after we post any modifications will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms. If we make any changes to the Terms, we will notify You either through the email address You have provided us, or by placing a prominent notice on our website. If You wish to no longer use the Software under the new terms, contact our Customer Service team.

3. Permitted Use and Restrictions

A. MPrep grants You a revocable, non­exclusive, non­transferable, limited license to download, install and use the Software solely for your personal, non­commercial purposes strictly in accordance with the terms of this Agreement.

B. You may not under any circumstances: (1) rent, lease, lend, sell, redistribute or sublicense the Software; (2) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software, unless permitted by applicable law; or (3) distribute or make the Software available over a network where it could be used by multiple devices at the same time.

C. The Software is supported on iOS devices running 10.0 or later and may not be used on other platforms.

D. By using the Software You agree to abide by applicable laws, including local laws of the country or region in which You reside or in which You download or use the Software and any relevant Services.

E. Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant You any rights to use such content nor does it guarantee that such content will continue to be available to You.

4. Privacy and Data Usage

Diagnostic and Usage Data: You agree that MPrep and relevant third-parties may collect, maintain, process and use diagnostic, technical, usage and related information (“Diagnostic and Usage Data”), including but not limited to unique system or hardware identifiers, information about your device, the Software, and peripherals, that is gathered periodically for the purpose of providing and improving our products and services and offering product support and other services to You (if any) related to the Software, and to verify compliance with the terms of this Agreement. MPrep may use this information, as long as it is collected in a form that does not personally identify You, for the purposes described above. To enable third party content providers to offer their designated functionality, MPrep may also provide any such third party content provider with Diagnostic and Usage Data that is relevant to that content provider’s services, as long as the Diagnostic and Usage Data is in a form that does not personally identify You.

Privacy Policy: At all times your information will be handled in accordance with our Privacy Policy which can be found at https://mprep-college.firebaseapp.com/support/privacy.html.

5. Services and Third Parties

The Software does integrate with third party platforms, websites, and services (“Third Party Applications”) to access content and/or services for your convenience. These Third Party Applications may have their own Terms and Conditions and Privacy Policies and your use of these Third Party Applications are subject to such Terms. You understand and agree that MPrep does not endorse nor is MPrep responsible or liable for the functionality or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

In addition, Services and Third Party Applications that may be accessed, linked to, or displayed through the Software may not be available in all languages or in all countries or regions.

6. Customer Support

For customer support with account-related questions or concerns, please contact our Customer Service team using the App Support section of our mobile app or the Contact page on our website. We will do our best to respond to all support requests within a reasonable amount of time (typically 1-2 business days - excluding school holidays and vacations) but we make no guarantees of any kind that any requests will be handled within that 1-2 day range.

7. Termination

This Agreement will remain effective until terminated by either You or MPrep. Your rights under this Agreement will be terminated without notice from MPrep if you fail to comply with any term(s) of this Agreement. Upon termination, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Sections 4, 5, 7, 8, 9, 10 and 11 of this Agreement shall survive any such termination.

8. Warranty and Disclaimer

YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SOFTWARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MPREP AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, MPREP MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SOFTWARE OR ANY LINKED WEBSITE. YOU UNDERSTAND AND AGREE THAT MPREP IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MPREP SHALL CREATE ANY WARRANTY ON BEHALF OF MPREP IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MPREP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION, LOSS OR FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MPREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

10. Entire Agreement

These Terms constitute the complete agreement between You and MPrep relating to the Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. Please note that in some aspects of your use of the Software, your use may be governed by additional agreements. In the event that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

11. Severabilty

Should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Contact

Have questions or concerns regarding these Terms of Use? Send an email to customer-service@marianapolis.org. And if you mention "turtles" in your email, you could win up to $50 in iTunes gift cards (restrictions apply).