Terms of Service | 미국대학입학컨설팅 New York One Prep

Welcome to the New York One Prep website. The following Terms of Service apply when you view or use our websites at newyorkoneprep.com or any associated subdomains such as my.newyorkoneprep.com or blog.newyorkoneprep.com. Please review the following terms carefully. By accessing or using the website, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use our website.

These Terms were Last Updated On 03/01/2024

Future Modification of Terms

The Terms listed in this document might change in the future as Our Services evolve. New York One Prep reserves the right to update any portion of these Terms at its sole discretion. These changes will either be reflected on Our website or in certain cases, be communicated to Users through an email. We will also update the “These Terms Were Last Updated On MM/DD/YYYY” section at the beginning of this document when we make any changes to these Terms. By continuing to use our Services, You agree to abide by these Terms.

Definitions

In this document:

“Website”, “Webpage”, “New York One Prep Sites”, or “Site” means https://www.newyorkoneprep.com and associated subdomains including service.newyorkoneprep.com, program.newyorkoneprep.com, resources.newyorkoneprep.com, my.newyorkoneprep.com and blog.newyorkoneprep.com
“Customer”, “Client”, “Student”, “Parents”, “You”, or “Yours” means and refers to you and / or any other person accessing or interacting with the website on your behalf.
“New York One Prep”, “Company”, “We”, ”Us”, or “Our” means and refers to New York One Prep, LLC. and New York Doin Group, Inc.
“Services” refers to any services, products, features, or content offered for free or for purchase through the New York One Prep Sites
“User Content” means any user-supplied content on the Website including but not limited to comments, essays, survey responses, or meeting notes submitted to the website by you or a third party.

New York One Prep respects the privacy of website users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the website, you signify your agreement to this set of Terms of Service and the Privacy Policy. If you do not consent to the terms of the Privacy Policy, you may not access or use the New York One Prep Sites.

Responsible Use of Our Services

By agreeing to work with Us, You receive access to New York One Prep's Services. This does not mean We are licensing any part of our intellectual property, including, but not limited to our persona assessment documents, intake forms, logos, color scheme, branding elements, website look and feel, or trademarks to You. The rights provided to You under this Agreement are meant to allow You to use our Services for Your personal use only. When you create your New York One Prep account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use of Our Services outside the predetermined scope of what they can be used for will be considered a violation of law and might lead to criminal charges resulting in prosecution.

As such, You are not allowed to:

Engage in any unlawful or illegal use of our Services. Users found to be engaging in any violation of law will be immediately banned from our Services and reported to law enforcement authorities.
Engage in any activity that disrupts or modifies our Services for Yourself or other users. This can include trying to modify Our cloud-based document sharing software, communication tools, website, or change the look and feel of the User experience without our explicit written consent from an officer of New York One Prep.
Use of Our Services for any purposes other than the ones explicitly listed in this document. This includes selling, renting, sublicensing, transferring, modifying, leasing, republishing, copying any part of Our Services or its derivatives.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
Use the website for any unlawful purpose or for the promotion of illegal activities.
Harass, abuse or harm another person or group, or attempt to do so.
Access Our Services through means other than those listed in this Agreement.
Try and access Our Services through any means other than Our website as per directions provided to You when You decide to start working with Us.
Interfere or attempt to interfere with the proper functioning of the website.
Make any automated use of the website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
Bypass any measures we take to restrict access to the website or use any software, technology, or device to scrape, spider, or crawl the website or harvest or manipulate data.
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Publish, link, share, or otherwise distribute material that would violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any party.

Non-transfer of Responsibilities

Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by New York One Prep, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access. Abdicating responsibility for violation of these Terms, even if the actions that led to the violation were taken by a different individual or organization, might result in the User being denied access to New York One Prep's Services or legal action against the User.

Prohibition of Sensitive Data Collection

New York One Prep’s Services cannot be used by Users to collect, analyze, or store any sensitive information under any circumstances. This includes information on an individual’s mental health, race, sexual orientation, political or religious affiliation.

Commercial Use

Any use of our Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with New York One Prep, LLC. and New York Doin Group, Inc. If you are an organization already using our Services, separate terms apply. These terms do not govern the relationship between your organization and New York One Prep.

Account Registration and Termination

New York One Prep provides a variety of services, both online and offline, designed to improve the overall academic experience of our users. Access to some of these services may require you to have an account. Users purchasing services requiring an account will have their account created by New York One Prep. You may only have one New York One Prep account for use of the Services; you may not use more than one account, and you may not share your account or any of the Services with others. All information you provide to New York One Prep must be accurate and complete in order for us to create an account. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate.

When your account is created, you will receive a confirmation email prompting you to set your password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify New York One Prep immediately if you suspect any unauthorized use of your account or access to your password.

New York One Prep has the right to terminate your account for any reason at our sole discretion with or without notice to you. If termination of your account limits your ability to access any purchased Services, refunds will be issued according to the terms in the contract for those Services, provided that your account was not terminated for a violation of these Terms. You may close your account via written request here. Unless otherwise laid out in the contract for those services, refunds will not be issued for unused or inaccessible Services due to such a request.

Content Offerings

No Academic Credit

New York One Prep does not grant academic credit for the completion of Content Offerings. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Content Offering. New York One Prep, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

Disclaimer of Student-Content Provider Relationship

University Certificate Programs section below, nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers : (a) establishes any relationship between you and any Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any Content Offering offered by any Content Provider institution; or (c) entitles you to use the resources of any Content Provider institution beyond participation in the Content Offering.

Intellectual Property Rights and Ownership

The website and associated services are owned and operated by New York One Prep. Unless otherwise explicitly specified by New York One Prep, all materials that are included in or otherwise a part of the website, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, and guides, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “New York One Prep Content”), are owned, controlled, or licensed by New York One Prep or New York One Prep’s third party partners. New York One Prep Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of New York One Prep Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties. Reproducing any Services or related content and using them for commercial or non-commercial purposes without the explicit written consent of New York One Prep is also prohibited. Paying a fee and purchasing our Services allows Users to access Services solely for their personal use.

Content Created Through User Feedback or Engagement

New York One Prep’s ownership of Services and related content extends to any new or derivative Services or content created through feedback provided by Users or their engagement with New York One Prep. This gives New York One Prep the universal right to create derivative works or additional Services that can be sold worldwide in perpetuity. Users are not entitled to royalties, payments, or any other form of compensation for Services created by New York One Prep based on their engagement or feedback. By accepting your Feedback, New York One Prep does not waive any rights to use similar or related Feedback previously known to New York One Prep, developed by our employees, contractors, or obtained from other sources.

Confidentiality and Intellectual Property Notice

All content provided by New York One Prep, including but not limited to student interviews, New York One Prep questionnaires(“NYOP-Q” and "NYOP-JQ"), NYOP-Common App(12), resume form, college data, college acceptance rate analysis, essays, and contracts (collectively referred to as "Content"), is strictly prohibited from being shared or distributed under any circumstances, unless expressly authorized in writing. The Data provided by New York One Prep is intended solely for the use of contracting parties.

You are hereby advised that any unauthorized distribution, sharing with a third party, or public posting of New York One Prep's Content without explicit permission may result in legal consequences, including but not limited to actions for infringement of intellectual property rights.

Notices must meet the then-current statutory requirements imposed by the DMCA(The Digital Millennium Copyright Act). Notices and counter-notices with respect to the Services can be sent via email info@newyorkoneprep.com. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

New York One Prep also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by New York One Prep in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at info@newyorkoneprep.com and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Links to Other Sites and/or Materials

On the website, New York One Prep may provide you with links to third party website(s) as well as content or items belonging to or originating from third parties (collectively “Third Party Content”). New York One Prep has no control over Third Party Content or the promotions, materials, information, goods or services available through such Third Party Content. Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Content accessed through the website or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by New York One Prep. If you decide to leave the website and access the Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern such use.

Academic Integrity

We do not condone or knowingly take part in plagiarism or any other acts of fraud. Neither the company nor its employees / contractors shall be liable for any illegal, unethical, or otherwise wrongful use of the Essays or other content from our website. This includes rejection, rescindment, deferral, academic probation, loss of scholarships / titles / awards / prizes / grants / positions, lawsuits, suspension, or any other disciplinary or legal actions. You agree to abstain from improper, unethical, inappropriate and / or illegal use of the material and are solely responsible for any and all disciplinary actions arising from your use of the Website and Services.

Payments and Refund Policy

Effective as of March 1, 2024.

For details on our payments, refund and cancellation policies, please refer to the information below. Please note that our policies may differ between offerings, and payment options may vary. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who violate these or other New York One Prep policies, even if their requests are made within the designated refund period (within 48 hours after payments and before service starts). Similarly, we have no obligation to offer late refunds to users who do not receive a passing mark in a Content Offering, or who are otherwise unsatisfied with their final grade.

One-Time Purchase Fees

In order to use New York One Prep’s Services, a User must pay a fee (“Fee” or “Fees”). This Fee will allow them to use the Services on a one-time basis. We do not offer a payment plan. If Users wish to use New York One Prep’s Services again, they must pay the Fee. The amount of the Fees will depend on the type and tier of Service the User signs up for and will be made clear during through collateral shared with the User before they sign a contract. This collateral can include flyers, brochures, web pages, or contracts. The User shall not be eligible under any conditions to receive refunds for a part of or the entire Fee in case of cancellation, dissatisfaction with, or lack of use of Service. New York One Prep reserves the right to deny providing a part of or the entire Service in case the User does not pay the full Fee for the requested Service upfront.

Subscription Fee

Certain types of Users might be given the option to purchase New York One Prep’s Services on a subscription basis. In such cases, the Fee will allow the User access to New York One Prep’s Service for a predetermined period (“Term”). At the end of each Term, the User will automatically be charged the Fee for the subsequent Term. In order to avoid being charged, the User must cancel or modify their subscription before the start of the Term. Users can cancel their subscription by contacting contact at info@newyorkoneprep.com. If a User cancels their Service, they will have access to it until the end of the Term. The User shall not be eligible under any conditions to receive refunds for a part of or the entire Term in case of cancellation, dissatisfaction with, or lack of use of Service. Any unpaid Fees, however, have to be paid by the User.

In both cases, if a User purchases a one-time or subscription Service from New York One Prep, it is the responsibility of the User to read the scope of services before signing up. If the User has any questions or concerns about the pricing or scope of services offered, they must contact Quad at info@newyorkoneprep.com before signing up.

Change in Fees or Scope of Service

New York One Prep reserves the right to change the Fee at its sole discretion. In case our Fee changes, New York One Prep will inform Users about all relevant specifics including the amount and timing of the change. These changes will be applicable to future payments. If a User is not willing to bear the change in Fees, they should cancel their subscription immediately or reach out to us at info@newyorkoneprep.com.

Similarly, We hold the right to change the scope of Service in a specific tier of any of our Services. If there is a material change, New York One Prep will inform Users through email or through an update on our website.

Promotional Offers

We may from time to time offer special promotional offers or discounts (“Offers”). Offer eligibility is determined by New York One Prep at its sole discretion and we reserve the right to revoke an Offer in the event that we determine you are not eligible. Users with an existing Offer may not be eligible for additional Offers. We may use information such as method of payment or an account email address used with New York One Prep purchase to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you.

New York One Prep as a Third Party Service Provider

In certain cases, New York One Prep might be hired by organizations to provide Our Services to their clients. An example could include an AI consulting firm or research institution hiring New York One Prep to provide Services for their employees. In such cases, New York One Prep acts as a third party service provider. Regardless of whether the payment is made by the organization hiring New York One Prep or the User, these Terms also apply to Users to whom we are providing the Services.

Payments Through Invoices

In certain cases, Users or an organization hiring New York One Prep to provide third party services might want to make a payment through an invoice. If this is the case, explicit written consent is required from New York One Prep. Please contact info@newyorkoneprep.com if You wish to make a payment via an invoice. For payments made through invoices, New York One Prep will issue an invoice which specifies the amount to be paid, date of invoice, and the currency in which payment is to be made. New York One Prep will also decide the due date of the payment amount listed in the invoice. If payments are not made by the specified date, New York One Prep has a right to charge up to the maximum penalty allowed by law as interest.

Payment Information

In order to collect Fees from Users, New York One Prep requires them to provide personal or their organization’s financial information depending on how they wish to make the payment. This includes credit card information including, but not limited to, full name, credit card number, credit card type, credit card expiration date, and credit card CVV number. New York One Prep reserves the right to temporarily or permanently ban a User if any of their financial information is found to be incorrect or fraudulent. If required, New York One Prep may conduct additional background and identity verification checks by asking for more information from the User. By providing any personal or financial information, a User allows New York One Prep to use the information to process their Fee. New York One Prep might share the information with third party payment processing systems such as but not limited to Venmo, Zelle, PayPal, Stripe or Braintree. The User also agrees to pay any additional taxes and fees that are levied by the payment processors.

Fees paid by Users to New York One Prep are non-refundable. A User is also prohibited from transferring these Fees to another User’s account. A confirmation of purchase will be sent to users once the Fee has been successfully processed.

Unpaid Services

In certain cases, we might offer unpaid or pro bono Services to Users. Under such circumstances, even though no payment has been made, Users are still expected to abide by the Terms listed in this document.

New York One Prep may end unpaid Services at any time at its discretion. Also, the full scope of Services might not be available to Users who are getting an unpaid or pro bono Service. It is up to Quad to decide the scope of Services that will be provided.

Termination of Service Due to Missed Payment

New York One Prep has the right to terminate Services immediately if the User has not paid the Fees required to access Services. We might provide the User a grace period during which they can access our Services if we believe they are acting in good faith to make the payment in a specific time-period. However, providing this grace period and its duration are completely at New York One Prep’s discretion.

Accessing New York One Prep’s Services

Eligibility and Requirements

In order to use New York One Prep’s Services, a User must legally be an adult in the jurisdiction where they are located. If you are between the ages of 18 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it The User also needs to be able to form a signing contract and should not be prohibited by law from using New York One Prep’s Services. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject New York One Prep to any registration requirement within such jurisdiction or country. By using this site, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. New York One Prep operates the majority of its Services in the United States. New York One Prep makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable.

Using New York One Prep Services Globally (especially in Korea)

New York One Prep’s Services are meant to be used in full compliance with local, national, and federal laws where the User is located. We make no claim about the fitness of use, legality, or availability of New York One Prep’s Services outside the United States of America. New York One Prep’s Services should never be used in violation of United States laws. It is up to the User to ensure they are complying with local, state, national, or federal laws in their jurisdiction.

Purchasing Our Service

In order to start using New York One Prep’s Services, a User will need to purchase our service. In order to provide our Service, New York One Prep will require basic background, employment, and contact information such as first name, last name, email address, name of organization, title, and phone number of the User. Users agree to provide correct information to New York One Prep. If a User is found to have provided fraudulent or misleading information, they will be permanently banned from using New York One Prep Services. Attempting to impersonate another User is also prohibited and trying to do so is a violation of New York One Prep’s Terms. Users are also prohibited from using vulgar, obscene, or offensive words or phrases to create their Profile.

In the future, New York One Prep might also use information directly from third-party platforms such as Google to populate certain basic fields such as first name, last name, and date of birth when a Profile is being created. By using New York One Prep, Users give Us permission to get basic demographic and background information about them from these third-party platforms.

In order to continue using New York One Prep, Users need to ensure that their information is thorough, accurate, and updated at regular intervals. Failure to provide correct information will lead to temporary or permanent suspension of the User’s Service. This will be done at the discretion of New York One Prep. If a User’s Profile information is compromised in any way, it is their responsibility to inform New York One Prep as soon as they learn about the data or information breach. The User will be held accountable for any unlawful use, by them or otherwise, of their account.

Accessing New York One Prep’s Services

1. Providing information to New York One Prep - New York One Prep requires the applicant to provide Us information in order to receive our Services. This includes background information about their personal and professional experiences and essays, resume, etc. Our ability to provide Services is based on the quality and timeliness of Your information. While You are not required or obligated to disclose any information You are not comfortable sharing, it is Your responsibility to make sure that You provide accurate information at all times.

2. Some of our Services require You to send us Your college application documents. For example, Our resume-review and essay-review Services require applicants to send Us their resume and college essay respectively. In these cases, it is up to You to make sure the documents You provide meet the guidelines specified by Us. These guidelines will be made clear to You through Our website, marketing collateral, and onboarding documents. As such, We will only be able to provide Our Services if You meet these specified guidelines. For example, our resume review Service requires that You upload a one-page resume in .doc or .docx format that is written in English. We will not be able to review and edit Your resume if it doesn’t meet these specifications. In this case, New York One Prep’s fees are 100% non-refundable.

3. Upfront payment of fees - New York One Prep agrees to provide You college application Services only if 100% of the Fees for our Services are paid upfront. We reserve the right to decline Your rights to access Our Services if We don’t receive the entire payment amount stated on our Contracts. This includes willful or unwilful non-payment. New York One Prep will not be able to provide You Services in situations such as Your credit card getting declined or if our third-party payment processor is not able to process the payment in your jurisdiction.

4. No guarantee of scholarships – New York One Prep provides services to introduce scholarship programs and review applications. However, these services do not guarantee that you will receive a scholarship.

5. No guarantee of delivery date - New York One Prep provides timelines for when You can expect our Service to be delivered. These timelines are provided on Our contracts and through additional marketing collateral. You should note that these timelines should be viewed as guidelines and while We try Our best to provide Our Services in the timeframe listed on Our contracts, We do not guarantee that We will be able to do so. It might take longer for Us to deliver Our Services if our representatives including graduate coaches, writing experts, and former Admissions Committee members are occupied with prior engagements.

6. Delivery of Services - We use a number of different internet-based third-party systems to provide Our Services. This includes, but is not limited to email, cloud-based text and voice communication systems, and cloud-based document sharing and project planning software. The medium of communication is different for every Service and might change as New York One Prep’s Services evolve. We reserve the right to provide our Services through the medium that we think is the best fit. For example, New York One Prep can decide to offer a Service purely through email-based communication rather than phone or video-based interactions.

7. No Guarantee of former Admissions Committee members - We engage former Admissions Committee members to work on certain aspects of Our Services While we do our best to make this happen, We do not guarantee that the former Admissions Committee members will be able to review Your application documents. Former Admissions Committee members have limited time availability and they might have prior commitments when You decide to work with Us.

8. Selection of Consultant - When you work with Us, New York One Prep tries to pair You with the most relevant Company representative, who in this case is a graduate coach, writing expert, or former Admissions Committee member. This could be a representative that you requested to work with, one whose background matches yours, or someone who might have worked on your application in the past. However, we don’t guarantee that we will be able to pair you with any particular representative. Our graduate coaches, writing experts, and former Admissions Committee members have varying workloads and internal company commitments such as working on New York One Prep’s marketing initiatives. Hence, we can never guarantee that a Company representative will be available to work with you.

9. No guarantee of results - Getting your desired college admission outcome such as an interview or acceptance depends on many factors, including factors outside an applicant or New York One Prep’s control such as competitiveness of applicant pool. As such, New York One Prep cannot guarantee a positive result in any engagement. All testimonials, success stories (even if they are for similar applicants), or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your college application. Past performance and prior results do not guarantee a similar outcome.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE NEW YORK ONE PREP PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE NEW YORK ONE PREP PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability, Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE THE NEW YORK ONE PREP PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE NEW YORK ONE PREP PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL NEW YORK ONE PREP 'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY NEW YORK ONE PREP FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE NEW YORK ONE PREP PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO NEW YORK ONE PREP 'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Export Controls

You warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing New York One Prep from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.

You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to an entity on any Sanctions List or otherwise use the services in a manner that would be in violation of applicable laws.

Notwithstanding anything to the contrary in these Terms, New York One Prep may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.

Indemnification

You agree to indemnify, defend, and hold harmless the New York One Prep Parties from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Venue

Except as provided below, the Services are managed by New York One Prep, LLC. and New York Doin Group, Inc. which are located in Bergen County, New Jersey and New York County (Manhattan), New York. You agree that these Terms will be governed by the laws of the State of New Jersey and the State of New York, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and New York One Prep will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Bergen County, New Jersey and New York County(Manhattan), New York as the legal forum for any such dispute.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

Legal Disputes

If a dispute arises between you and New York One Prep, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Service or the Website or your use of the Website (a “Claim”) in accordance with the subsections below.

General

You and New York One Prep agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and New York One Prep are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and New York One Prep otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Binding Arbitration and Class Action Waiver

You and New York One Prep agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).

Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.

The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

Neither you nor New York One Prep may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or New York One Prep individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.

This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.

A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.

THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR A ONE INSTITUTE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the website are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT https://newyorkoneprep.com/privacy-policy THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY RELATING TO YOUR USE OF THE SITE.