By using the Alfazu, Inc. website (the "Site") or any Alfazu applications or services, you agree to follow and be bound by these Terms of Use (referred to herein as this “Agreement” or “Terms of Use”) and agree to comply with all applicable laws and regulations.
In this Terms of Use, the words “user,” “you” and “your” refer to each user of, or visitor to, our Site, and “Alfazu,” “we,” “us” and “our” refer to Alfazu, Inc.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at support@alfazu.com.
Furthermore, by checking off the “I Agree to Alfazu’s Terms of Use” and clicking on the “I Have Read and Accepted” button when you register as a user with Alfazu, you hereby expressly agree and consent to be bound by all of the terms of this Agreement, as modified from time to time by Alfazu, and acknowledge, represent and warrant that you are at least eighteen (18) years of age and legally able to enter into a contract.
This Agreement governs access to and the use of the Alfazu Platform including all information, software, products and services contained in or available through the Alfazu website (together, the “Services”). The Site is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
1.SERVICES. Alfazu provides an online platform (the “Alfazu Platform”) to allow users to view (but not download or print) other users’ college admissions essays (“Essays”) and educational information, including, but not limited to, year of high school graduation, all colleges offering acceptance, GPA, test scores (e.g. SAT or AP), awards, extracurricular activities, internships, community service, sports and other related educational information (collectively, the “Educational Information”). Together, the Essays and Educational Information will be referred to as the “Assets.”
2.GENERAL USERS. This Section 2 shall govern the use of the Alfazu Platform by you to purchase the right to view the Essays and Educational Information of a Selling User (as defined in Section 3). By agreeing to use the Alfazu Platform for this purpose (“General Users”), you hereby agree to the responsibilities and obligations of this Section 2 and the other terms, conditions and notices contained in this Agreement.
2.1.Payment. In order to view the full Essays and Education Information of a Selling User, you agree to pay the amount specified by the Selling User.
2.2.No Refund. General Users will have an opportunity to view a portion of the Assets before purchasing the Assets to view in full. You must carefully review the partial view of the Assets before deciding to purchase the right to view the Assets in full. There is no refund after purchasing the right to view the full Assets. Furthermore, you hereby acknowledge and agree that after you purchase the right to view the Assets, a Selling User may lower the price of the right to view the Selling User’s Assets and Alfazu does not provide any price matching if the Selling User reduces the price previously set by the Selling User.
2.3.Viewing Only. You acknowledge and understand that there will be no rights granted to you after payment to print or download the Essays or Educational Information. You will only be granted the right to view the Essays and Educational Information. By using the Alfazu Platform and agreeing to this Agreement, you agree that you will not try to print, take screenshots, download or in any way duplicate or copy any of the Assets.
2.4.Limitations.
(a)The Assets are uploaded and posted by Selling Users on an as-is basis in their sole discretion. Alfazu will not fact-check or evaluate the quality of the content. Alfazu also does not represent or warrant that any Asset is free from plagiarism or is accurate.
(b)You hereby waive and release any labiality of Alfazu from any act or failure to act by Selling Users related to their Assets.
2.5.Representations and Warranties of General Users; Acceptable Use. As a General User, you hereby represent, warrant and covenant to Alfazu the following:
(a)You are at least eighteen (18) years of age and legally able to enter into a contract.
(b)You agree not to use our Site to engage in any act of fraud, misrepresentation or other unethical behavior.
(c)Any of the Assets sold to you by the Selling User is provided solely for the purpose of providing an example and a reference point and model for the college admission essays and the type of extracurricular activities other college applicants submitted. You shall not use the Assets for any other purpose.
(d)None of the Assets shall be used in relation to any type of plagiarism or any form of academic cheating or dishonesty.
(e)You shall not submit any of the Assets (or any portion thereof) to any academic institution or any other third party as your own work.
(f)You shall not engage in any dishonest, unethical, or unlawful use of any Assets.
3.SELLING USERS. This Section 3 shall govern the use of the Alfazu Platform by you to sell the right to view the Essays and Educational Information to a General User. By agreeing to use the Alfazu Platform for this purpose (“Selling Users”), you hereby agree to the responsibilities and obligations of this Section 3 and the other terms, conditions and notices contained in this Agreement. You also acknowledge and agree that after a General User purchases the right to view your Assets, the General User will have the to view the Assets even if you unpublish the contents of such Assets.
(a)Assets. As a Selling User, you represent, warrant and covenant that any Essays and Educational Information that you submit on the Alfazu Platform are:
(i)your sole property and free of any potential claims that it infringes on any other parties’ copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(ii)true and accurate;
(iii)the actual information you submitted to the colleges that granted you acceptance;
(iv)not known by you to be false, inaccurate or misleading;
(v)shall not include any personally identifiable information including, but not limited to, name, birthdate, social security number, address or any other similar information;
(vi)free from any claims or may reasonably be considered to be defamatory, libelous, hateful, racially biased, offensive, unlawfully threatening or harassing, or advocates or encourages illegal conduct harmful to any other party; and
(vii)does not violate any law, statute, ordinance or regulation.
3.2.Fees. As a Selling User, you understand and agree that you will pay a fee to Alfazu to use the Alfazu platform to sell the right to view your Assets to the General Users. The fee shall be an amount equal to (X) 40% of the price you set for the sale of your Assets to the General Users and (Y) certain transaction fees from our payment processors (the “Fees”). The Fees shall be deducted from your selling price.
3.3.Limitations.
(a)You hereby waive and release any labiality of Alfazu from any act or failure to act by General Users relating to any of your Assets. Alfazu has no control over the actions of General Users after they view your Assets.
(b)You acknowledge and understand that there is no guarantee that your Assets will be purchased by a General User.
3.4.Representations and Warranties of Selling Users. As a Selling User, you hereby represent, warrant and covenant to Alfazu the following:
(a)You are at least eighteen (18) years of age and legally able to enter into a contract.
(b)The list of colleges that you listed on your profile on the Alfazu Platform that you were accepted to is complete, true and correct. This list does not include any colleges that only placed you on their waitlist.
4.LIMITED PERMISSIONS; SUGGESTIONS
4.1.Limited Permission. Selling Users grant Alfazu only the limited rights that are reasonably necessary for Alfazu to offer the Services (e.g., hosting the Assets on Alfazu servers and selling the right to view the Assets to the General Users). This permission also extends to trusted third parties Alfazu works with to offer the Services (e.g., payment provider used to process payment of fees).
4.2.Suggestions. Alfazu may, in its sole discretion, and for any purpose, use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions any users of the Alfazu Platform send to Alfazu or post in Alfazu's forums without any obligation to user.
5.MINORS AND CHILDREN. Children under the age of sixteen (16) are not eligible to use the Site or the Alfazu Platform and we ask that you do not submit any personal information to us. The Alfazu Platform and the Site is not directed to children under the age of sixteen (16) and we do not intentionally collect any information from children under the age of sixteen (16).
6.EXERCISE OF RIGHTS. Alfazu’s exercise of any of the rights granted hereunder shall be at Alfazu’s sole and absolute discretion.
7.TERMINATION; SURVIVAL.
7.1.Term. This Agreement shall continue in force and effect until terminated by either party with or without cause upon notice to the other party (which notice may be in email form), by operation of law or by the acts of either of the parties in accordance with the terms of this Agreement.
7.2.Survival. The following provisions shall survive any termination of this Agreement: Section 2 (General Users), Section 3 (Selling Users), Section 4 (Limited Permissions; Suggestions), Section 7 (Termination; Survival), Section 8 (Ownership), Section 12 (Disclaimer of Warranties), Section 13 (Indemnification; Limitation of Liability); Section 14 (Disputes) and Section 15 (Miscellaneous).
8.OWNERSHIP. This Site and any related software applications are owned and operated by Alfazu. All right, title and interest in and to the materials provided on this Site and any related software applications (except for the Assets which are owned by the Selling Users), including, but not limited to, information, documents, logos, graphics, sounds and images (“Alfazu Materials”) are owned by Alfazu. Except as otherwise expressly provided by Alfazu, none of the Alfazu Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any related software applications shall be construed to confer any license under any of Alfazu’s intellectual property rights, whether by estoppel, implication or otherwise. Alfazu does not sell, license, lease or otherwise provide any of the Alfazu Materials other than those specifically identified as being provided by Alfazu. Any rights not expressly granted herein are reserved by Alfazu.
9.INTERNET DELAYS. Alfazu’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Alfazu is not responsible for any delays, delivery failures, or other damage resulting from such problems.
10.LINKS TO THIRD PARTY SITES.
10.1.The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Alfazu and Alfazu is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Alfazu is not responsible for webcasting or any other form of transmission received from any Linked Site. Alfazu is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alfazu of the site or any association with its operators. Our Terms of Use do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites.
10.2.Certain services made available via Alfazu are delivered by third parties. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Alfazu may share such information and data with any third party with whom Alfazu has a contractual relationship to provide the requested product, service or functionality on behalf of Alfazu users.
11.NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the our Site, you warrant to Alfazu that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
12.DICLAIMER OF WARRANTIES.
12.1.ALFAZU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE OR THE ALFAZU PLATFORM. ALFAZU DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ALFAZU.
12.2.USER ACKNOWLEDGES AND AGREES THAT ALFAZU WILL BE USING THIRD PARTY SERVICE PROVIDERS FOR DATA STORAGE, SERVER CAPACITY, AND WEB SERVICES. ALFAZU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY TO THE UPTIME OR ERROR RATE OF SUCH SERVICE PROVIDERS. USER HEREBY AGREES TO RETAIN A BACKUP COPY OF ALL CONTENT UPLOADED TO THE ALFAZU PLATFORM.
13.INDEMNIFICATION; LIMITATION OF LIABILITY.
13.1.Indemnification. User shall defend, indemnify and hold harmless Alfazu and its Related Parties (as defined below) from and against all claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and defense and reasonable attorneys’ fees), regardless of the form of action, including, without limitation, those based on, arising out of or relating to: (i) user’s breach or alleged breach of this Agreement; (ii) and any acts or omissions (including negligence or strict liability) of user related to the subject matter of this Agreement, including, without limitation, any third party claim or action based on, arising out of or relating to any Assets or use of the Assets. User shall promptly reimburse Alfazu and its Related Parties for any liabilities incurred in connection with any such claims. “Related Parties” shall mean any owner, parent, partner, affiliate, subsidiary, supplier, subcontractor, shareholder, director, officer, hired or leased employee or worker, agent, representative or permitted assignee or successor of Alfazu.
13.2.Limitation of Liability. ALFAZU IS A PROVIDER OF INTERACTIVE COMPUTER SERVICES, SUBJECT TO THE PROTECTIONS AND LIMITATIONS OF LIABILITY AFFORDED BY THE COMMUNICATIONS DECENCY ACT (47 U.S.C. 230 et seq.) AND OTHER APPLICABLE LAWS. IN NO CASE SHALL ALFAZU OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFIT, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY. ALFAZU’S AND ITS RELATED PARTIES’ TOTAL LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, SHALL IN NO CASE EXCEED, IN THE AGGREGATE, THE LESSER OF (I) THE AMOUNT PAID TO ALFAZU BY A USER OF THE ALFAZU PLATFORM DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) TEN THOUSAND DOLLARS (U.S. $10,000.00). USER ACKNOWLEDGES AND AGREES THAT THESE LIMITATIONS REFLECT A FAIR ALLOCATION OF RISK AND THAT ALFAZU WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, AND USER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF ALFAZU AND ITS RELATED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
14.DISPUTES
14.1.Informal Resolution. Alfazu wants to address your concerns without resorting to a formal legal case. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in Section 15.5. If a dispute is not resolved within 30 days of notice, you or Alfazu may bring a formal proceeding as set forth in this Section 14.
14.2.Agreement to Arbitrate. User and Alfazu agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Orange County (CA), or any other location both parties agree to in writing.
14.3.Exception to Agreement to Arbitrate. Either party may bring a lawsuit in the federal or state courts of Orange County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both user and Alfazu consent to venue and personal jurisdiction there. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
14.4.No Class Actions. User may only resolve disputes with Alfazu on an individual basis and will not bring a claim in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
15.MISCELLANEOUS
15.1.Entire Agreement; Amendment. This Agreement and the documents referenced herein contains the complete agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior agreements or understandings, written or oral. This Agreement may be amended or modified at any time, in the sole discretion of Alfazu, and shall be effective upon notice of an updated version of this Agreement. Continued use of the Alfazu Platform after any such revisions shall constitute user’s consent to such revisions.
15.2.Severability; Waivers. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties hereby authorize the court to modify such provision to the minimum extent necessary to effectuate the parties’ intentions and the remaining provisions shall remain in full force and effect. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel to enforce any provision of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought.
15.3.Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and fully performed in this state, and the state and federal courts locating in this state will have exclusive jurisdiction over all suits and proceedings arising out of or in connection with this Agreement. Both parties hereby submit to the jurisdiction of such courts for purposes of any such suit or proceeding and waive any claim that such forum is inconvenient or inappropriate.
15.4.Waiver. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default in one or more instances shall not be construed as a continuing waiver or as a waiver in other instances.
15.5.Notices. Notices must be sent via first class or overnight courier or email and are deemed given when received. Notices to any user of Alfazu may also be sent to the applicable account email address and are deemed given when sent. Notices to Alfazu must be sent to Alfazu, Inc. support@alfazu.com.
15.6.Headings. The section headings and numberings of this Agreement are inserted only for convenience, and shall not be construed as a part of this Agreement.
15.7.Nonassignment/Binding Agreement. Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by user. Alfazu may assign this Agreement and any right under this Agreement in its sole discretion including, but not limited to, by operation of law, merger, acquisition, sale of all or substantially of the assets of Alfazu or any other transfer of ownership of Alfazu.